Report of the CHR on the Activities of the National Preventive Mechanism in Poland However, there are still certain areas at the Centre that still require improvement. The interviews with the residents showed that they are still getting engaged in assisting in taking care of other residents. They said that they participate e.g. in washing and changing nappies for other residents. During the inspection the representatives of the NPM witnessed a situation where one of the residents changed a nappy on another (less mobile) resident, and later reported performing that task to the staff. The representatives of NPM each time criticise such practice. Obliging the residents to help less mobile residents in getting dressed and in washing disturbs the privacy of the latter. The representatives of NPM recommend that the residents should no longer be involved in the actions that should be performed by the staff members of the centre. According to the representatives of NPM, consideration should be given to undertaking cooperation with an expert in working with persons with mental disabilities. Since the last inspection, no cooperation with an expert in this field was initiated. Moreover, no leaflet was prepared that would be adapted to the cognitive capabilities of the residents. The director of the Centre explained that implementing this recommendation is very difficult, as the significant majority of the residents have mental disabilities, they cannot read or write, and they have very limited cognitive skills. The representatives of NPM encouraged to attempt drafting such a leaflet anyway. The Social Care Centre in Gościeradów(which has a similar profile to the SCC in Węgorzew), as a result of the same recommendation of the representatives of NPM a leaflet was drawn up, adapted to the cognitive capabilities of the residents. 12. The case of torture at a police unit confirmed by a court In line with Article 1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter: CAT) accepted by the General Assembly of the United Nations on 10 December 1984163 the term of “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. The Commissioner for Human Rights filed a letter dated 27 October 2015 to the Minister of Justice to introduce to the act of 06 June 1997 – Penal Code164 (Dz. U. of 1997 No. 88 item 553 as amended) of a provision penalising the use of torture. The Commissioner for Human Dz. U. of 1989, No. 63, item 378 encl. Dz. of Laws of 1997, no. 88, item 553, as amended. 163 164 66