Problems in implementing the National Preventive Mechanism Justice182 on the difficulties experienced by the Commissioner while performing the mandate under OPCAT. In the response dated 21 April 2015 Wojciech Węgrzyn, Under-secretary of state at the Ministry of Justice, did not share the position of the Commissioner and stated that all persons entering the penitentiary facility are obliged to subject themselves to the procedures intended to determine their identity, their position or function, and only persons listed in Article 18(2) of the Act on the Prison Service183 are excluded from the obligation to undergo personal seach and control of clothing and shoes. The presented position was not approved by the Commissioner, as it does not consider the legal regulations that govern the tasks and competences of the Commissioner for Human Rights. In the subject issue, the Commissioner for Human Rights asked SPT and APT to take a position. According to them, the functional independence of the national preventive mechanisms, as well as the independence of their staff, means that the procedure of being exempted from general or personal check for employees and staff, and from inspecting items and documents brought into the facility, must be guaranteed by the member states that ratified OPCAT. The ability to familiarize yourself with the specific materials of the NPM members or subjecting them to inspection serves to reduce the independence from the facilities that they are to inspect. Additionally, such activities delay entrance of the representatives of the National Preventive Mechanism to the detention centre and might be used by the authorities of the facility to erase the traces of torture or other cruel, inhumane, or degrading treatment of the detained persons. Therefore, the Commissioner asked the Minister of Justice again on 21 July 2015 for an opinion in this matter. In response, the Under-secretary of State at the Ministry of Justice informed the Commissioner for Human Rights that the argument that the manner of enforcing the provisions of the Act on the Prison Service in the area of regulations on the procedure of personal check of staff members of the Office of the Commissioner for Human Rights has as significant impact on whether the NPM performs its function properly, must be shared. These provisions should be interpreted in the light of the provisions of the Convention. The procedure to which the staff members of the National Preventive Mechanism are subjected to while visiting penitentiary facilities should, on one hand, comply with the binding law, and on the other hand it should consider that NPM staff members may not be subjected to any form of pressure, as well as there should be no doubts about restricting their independence in performing their duties (e.g. by purposefully extending the waiting time for entrance or extended inspection). This matter is still of interest for the Commissioner for Human Rights. KMP.571.5.2015,  https://www.rpo.gov.pl/sites/default/files/Wyst%C4%85pienie%20Generalne%20do%20MS%20w%20 spr.%20kompetencji%20RPO.pdf The President of the Republic of Poland, the Prime Minister, the members of the Council of Ministers, the Commissioner for Human Rights, the Commissioner for the Rights of Children, the General Inspector for Personal Data Protection, persons holding immunity based on their activity as Members of Parliament, judges, or prosecutors, persons holding immunity based on their diplomatic or consular activity under acts, international treaties, and commonly accepted international customs. 182 183 75