were of a sufcient size and the level of
hygiene, including in the sanitary facilities was on the whole satisfactory.
Report and response published in May 2014,
CPT/Inf (2014) 16 and CPT/Inf (2014) 17
Report on the periodic visit
to Poland in June 2013
and response of the Polish
authorities
(treatment of persons in police custody and
prison conditions, with a focus on prison
health care and prisoners classifed as
“dangerous”)
74. The report begins by stressing that
the principle of co-operation between
states parties to the Convention and the
Committee is not limited to facilitating
the task of a visiting delegation, but
requires that decisive action be taken
to improve the situation in the light of the
CPT’s recommendations. In this respect,
the Committee notes with concern that
after fve periodic visits carried out to
Poland, little action has been taken to
implement several of the CPT’s longstanding recommendations, for example
as regards the fundamental safeguards
for persons deprived of their liberty by
law enforcement agencies, the (still very
impoverished) regime for remand prisoners and prison health-care services.
75. The majority of the persons met
by the delegation who were, or had
recently been, detained by the police
indicated that they had been correctly
treated. Nevertheless, a signifcant
number of allegations of physical illtreatment of persons taken into police
custody (including from detained juveniles), both at the time of apprehension
and during subsequent questioning
(in some cases, with a view to extracting a confession or another statement)
were received. The CPT calls upon the
General Report of the CPT, 2013-2014 ► Page 38
Polish authorities to pursue rigorously
their eforts to combat ill-treatment by
police ofcers. The Committee stresses
the need to promote a police culture
where it is regarded as unprofessional to
work and associate with colleagues who
resort to ill-treatment. It also recalls that
efective investigations capable of leading to the identifcation and punishment
of those responsible for ill-treatment are
essential. In their response, the Polish
authorities refer to regular reminders
sent to all police ofcers through various
channels, clearly prohibiting ill-treatment
of detainees, as well as to training programmes to address the phenomenon
of police ill-treatment.
As regards safeguards in police custody, it
remained the case that it was the exception rather than the rule for persons in
police custody to beneft from access to
a lawyer, and in the rare cases when they
did have this opportunity, the meeting
took place in the presence of police ofcers. Further, there was still no provision
in Polish law allowing for the appointment
of an ex ofcio lawyer before the stage
of court proceedings. As regards access
to a doctor, the confdentiality of medical examinations (and relevant medical
documentation) was not respected in
practice. In addition, injuries observed
on persons brought to police detention
facilities were not always duly recorded.
As regards the right of notifcation of custody, many detained persons interviewed
by the delegation were in practice not
aware of this right. The Polish authorities
indicated in their response that legislation was being revised to ensure the
confdentiality of the meetings between
a detained person and his/her lawyer.
76. In relation to the prisons visited,
the delegation did not receive any allegations, nor gathered any evidence of,
recent physical ill-treatment by staf at
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