Report of the CHR on the Activities of the National Preventive Mechanism in Poland
that a personal control is a very invasive and potentially humiliating measure. For this reason,
the performance of a personal control should be based on an individual risk assessment and
be subject to rigorous criteria and supervision. All reasonable efforts to minimise the feeling
of embarrassment should be undertaken; inmates undergoing a personal control should not
normally be required to take off all clothes at the same time, e.g. they should have the right to
undress the upper part of their body and to dress up before taking off the remaining clothes.
It should also be pointed out that the Deputy Director General of the Prison Service
undertook to develop and implement an appropriate procedure according to which inmates
will be given personal control decisions.
3) Access of prisoners to public information
After many years of efforts of the CHR to ensure access to public information for prisoners through the Public Information Bulletin (hereinafter referred to as the “PIB”)20, convicts
serving a prison sentence were given, to a limited extent, such an opportunity in 2014.
However, it should be noted that the solution adopted in this respect cannot be regarded as
satisfactory, as the scope of information made available to prisoners is limited.
Currently, convicts have access only to the PIB of the Prison Service, the Ministry of
Justice, the Commissioner for Human Rights and websites of the Government Legislation
Centre.
In the opinion of the Commissioner, such an actual limitation may lead to a breach of
Article 61(1) of the Constitution which provides that a citizen shall have the right to obtain
information on the activities of organs of public authority as well as persons discharging public
functions. Such right shall also include receipt of information on the activities of self-governing
economic or professional organs and other persons or organisational units relating to the field
in which they perform the duties of public authorities and manage communal assets or property of the State Treasury.
The right of persons deprived of their liberty to public information should cover access
to all PIB websites or should be ensured in other – specified by statute – way. In the opinion
of the representatives of the National Preventive Mechanism, amanding Article 102 of the
EPC to include the right of a convict to access public information published in the Bulletin
would be an optimal solution.
In his general letter of 8 February 2016, the Commissioner for Human Rights requested
the Minister of Justice to take a legislative initiative aimed at amending Article 102 of the
EPC to enable persons deprived of their liberty to access materials published in the PIB21. In
the letter, the Commissioner also pointed to the ECHR’s Judgment of 19 January 2016 in the
case of Kalda v. Estonia (Application No 17429/10) in which the Court found a breach of Ar Cf. Report of the CHR on the Activities of the NPM in 2012 [hereinafter referred to as the “Report of 2012”], pp. 33-34, Report
of the CHR on the Activities of the NPM in 2013 [hereinafter referred to as the “Report of 2013”], pp. 42-43.
KMP.571.4.2016.MMa, https://www.rpo.gov.pl/pl/content/wyst%C4%85pienie-generalne-z-dnia-8022016-r-do-ministrasprawiedliwo%C5%9Bci-w-sprawie-dost%C4%99pu-os%C3%B3b
20
21
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