demonstrated. In three cases, detainees’ reports suggested the use of torture by
the police:
• beating a detainee, beating and kicking a handcuffed detainee who was
pushed and was lying on the floor;
• beating a detainee pushed to the floor by seven police officers; the
detainee had to keep his hands on his head, was hit on the lumbar area
and on the face. He was told to kneel down and threatened that if he
falls on the ground he would be hit. He was taken to hospital but before
he was told to carefully wash away the blood. The detainee demanded
a medical examination but the police refused.
• putting on a plastic bag on a detainee’s head and beating him on the feet
with a baton.
In the context of the case of Igor Stachowiak the Committee recommended
reminding all police officers of the instructions to be followed when using
electroshock guns. The Committee stressed that such guns may only be used
by officers in the case of real and immediate risk of serious injury or risk to life.
The use of such weapons solely to make sure that a detainee follows orders is
unacceptable. Furthermore, the use of an electroshock gun should be permitted
only when less severe coercive measures are ineffective or impractical, and if it
constitutes the only alternative to using a method that entails a higher risk of
injury or death (e.g. firearms).
As regards police emergency facilities for minors, the Committee noted
that the presence of a police officer during a minor’s meeting with a lawyer
constituted a violation of the right to defence.
With regard to closed detention centres for migrants, the CPT report
indicated, among others, that medical examinations of newly placed migrants
should also include the process of identification of victims torture.
The treatment of prisoners by Prison Service officers has been assessed
positively. Few prisoners mentioned being verbally insulted. The Committee
appreciated the efforts aimed at reducing the overcrowding of penitentiary
facilities. Yet, it was disappointed by the unchanged standard of floor space
per prisoner. The Committee also took note of the reform that included the
18
PART II – how does the NMPT work?
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