Prisons and pre-trial detention centres
ticle 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms22
concerning freedom of expression23. The case concerned a prisoner’s complaint against refusal to grant him access to three websites with legal information24. In his reply of 8 March
2016, the Secretary of State of the Ministry of Justice indicated that the demand to amend
Article 102 of the EPC is legitimate and will be implemented as part of the nearest amendment to the EPC.25
4) Absence or a poor offer of cultural and educational activities for remand
prisoners and convicts
The issue of organisation and diversification of this type of activities and access to them
by remand prisoners has not improved substantially. Visits carried out by the representatives of the National Preventive Mechanism in 2015 proved that day rooms provided with
table tennis and televisions are a fundamental base of cultural and educational activities.
Besides the foregoing, there are actually no other activities that would be offered for remand
prisoners outside their residential cells. The demands contained in the thematic report of
the representatives of the NPM on the situation of persons deprived of their liberty placed
in wards for remand prisoners and in therapeutic wards continue to be valid26. Given the
fact that these persons have no opportunity for employment (according to CBPS data, as at
31 December 2015, 7 of 4 162 remand prisoners from among 9 850 employed inmates in total
were employed) and education, the problem is to rationally organise the time of persons
in penitentiary isolation. Bearing in mind the constitutional principle of the presumption
of innocence, the representatives of the National Preventive Mechanism stress that the opportunity to participate in activities and organised forms of spending time outside cells is
a factor counteracting penitentiary isolation effects.
It should be noted that an interesting solution for expanding the base of sports, cultural
and educational activities was presented by the Deputy Director General of the Prison Service27 during the meeting of the Sejm Committee for Justice and Human Rights on 24 June
Dz.U. of 1993, No 61, item 284.
Article 10 of the Convention provides that everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This
Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. The exercise of these
freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties
as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public
safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights
of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of
the judiciary.
24
The Imprisonment Act applicable in Estonia restricts the Internet access of prisoners only to official legislative databases and
a database of judicial rulings. Such a restriction is supposed to protect the rights of others and to prevent order violations and
crimes.
25
https://www.rpo.gov.pl/sites/default/files/Odpowied%C5%BA%20Sekretarza%20Stanu%20w%20MS%20z%20dnia%20
08.03.2016.pdf
26
The implementation of the rights of remand prisoners is addressed in more detail in the thematic report of the NPM. Cf. https://www.rpo.gov.pl/pl/content/wizytacje-krajowego-mechanizmu-prewencji-oddzia%C5%82%C3%B3w-terapeutycznychdla-os%C3%B3b-z
27
For the full statement, cf. http://orka.sejm.gov.pl/zapisy7.nsf/0/3798A243BA6DD1B4C1257D0E003652CE/%24File/0340207.
pdf, pp. 7-9.
22
23
17
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