Prisons and pre-trial detention centres
physiological functions in a sanitary area or directly by persons entering a cell or through
a door peephole. When Prison Service officers, including those of the opposite sex, can
see a sanitary area through a peephole and can watch an inmate performing physiological
and hygienic functions, the condition of ensuring privacy when using sanitary facilities is
not complied with. In his reply of 17 April 2013, the Director General of the Prison Service
shared the Commissioner for Human Rights’s view, stating that the criterion of ensuring
intimacy in penitentiary isolation depends not only on the physical absence of others, but
also on limiting (except as provided in the applicable legislation) the possibility of seeing
such an inmate. A relevant recommendation was issued in relation to 11 establishments35.
With respect to 8 establishments, the visitors recommended that shower spaces in baths
be separated36.
It needs to be pointed out that living conditions, including sanitary and hygienic conditions, to be ensured by penitentiary establishments for prisoners must respect the right to
privacy which is partially limited by the very fact of imprisonment. The right to privacy
of persons deprived of their liberty, which stems from their inherent dignity, must put a
particularly strong emphasis, however, on ensuring appropriate conditions for prisoners so
that they can perform their hygienic and sanitary functions.
6) Situation of persons with disabilities in penitentiary establishments
Besides systemic problems related to the broad treatment of persons with disabilities
by the penitentiary personnel, as described at the beginning of this chapter, thematic visits
made it possible to identify weaknesses in places of detention whose occurrence makes
it difficult and sometimes even impossible for them to enjoy all their rights. The revealed
shortcomings related primarily to living conditions. As most visits were attended by representatives of foundations, whose daily responsibilities involve verifying the adjustment
of building structures to the needs of persons with disabilities, the representatives of the
Mechanism subjected the establishments visited to some kind of an audit whose analysis
was presented each time in visit reports.
Adjustment of the infrastructure of the establishments visited
The representatives of the NPM checked whether architectural barriers in individual
establishments were removed so that a person with disabilities can go out for a walk, visit
a doctor, a psychologist, an educator, use a day room, a chapel, a dining room, a canteen, a
storeroom, a visiting room and access the PIB.
Penitentiary establishments are already provided with residential cells for persons in
wheelchairs. Nevertheless, measurements revealed numerous construction and assembly
defects made either at the design or construction phase as well as those due to insufficient
35
PTDCs in: Starogard Gdański, Grójec, Opole, Radom, Warsaw-Mokotów; Prs in: Hrubieszów, Sieraków Śląski, Przytuły Stare,
Koronowo, Włodawa, Włocławek.
PTDCs in: Starogard Gdański, Hajnówka, Opole, Grójec, Szczecin; Prs in: Przytuły Stare, Hrubieszów, Wrocław (No 2).
36
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