Prisons and pre-trial detention centres In his letter37 of 21 December 2015 to the Director General of the PS, the CHR presented preliminary conclusions of visits to diagnostic centres. The Commissioner indicated there that there are no systemic solutions for procedures in case of doubt whether an inmate, due to the degree of intellectual or mental disabilities, should remain in penitentiary isolation. Moreover, the Commissioner argued that the centres’ premises make it difficult to perform psychological and psychiatric examination, and that the number of specialists working there is insufficient. The Commissioner also noted that places in diagnostic centres are insufficiently used and pointed out that it is desirable to provide training for officers in early diagnosis of an inmate’s personality and the method of dealing with persons with intellectual or mental disabilities. In his reply of 28 January 2016, the Deputy Director General of the PS declared openness and readiness for further cooperation in this regard. At the same time, he indicated that directors of penitentiary establishments are aware of the need and necessity to inform penitentiary and adjudicating courts of inmates in penitentiary isolation whose further stay in prison/custody is doubtful. The Deputy Director General of the PS also stated that directors of penitentiary establishments were required to analyse the possibility of dividing residential cells in diagnostic centres into smaller ones to eliminate cells with as many as 6-9 persons. Directors of penitentiary establishments, within which diagnostic centres operate, were also required to analyse dates of admissions, monitor and supervise the observance of timely examination. Directors of penitentiary establishments were also reminded that, when there are any vacancies in an establishment, convicts not subject to examination must not be placed in cells of a diagnostic centre, except in exceptional situations where it is justified on educational grounds, i.e. by the need to ensure proper imprisonment conditions for convicts who are subject to examination. Furthermore, directors of penitentiary establishments were required to hold training for educators of penitentiary departments and diagnostic centres in dealing with persons with personality disorders and mental disabilities. With regard to the reply to the Commissioner, the CHR sent another letter38 to the Director General of the PS on 19 February 2016. The Commissioner indicated in the letter that no statement was made on the modification of the method of conducting preliminary interviews with newcomers to a penitentiary establishment which would make it more possible to preliminarily determine possible deficits of an inmate and specify a procedure to be followed if there are justified doubts about the possibility of the inmate’s further stay in penitentiary isolation. The Commissioner also argued that directors of penitentiary establishments and the prison personnel verbalise their fear that the interest of a penitentiary judge in the situation of a convict might be considered as a violation of the principle of judicial independence. Therefore, actions taken with respect to persons with serious adaptation difficulties are aimed solely at ensuring their personal safety. In his letter, the Com IX.517.2.2015, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=611006 IX.517.2.2015, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=663681 37 38 23