CAT/OP/POL/CNPMRO/1
2.
No authority or official may order, apply, permit or enable the application of any
sanction against any person or organization for providing any information, whether true or
false, to the Mechanism, and no such person or organization shall suffer any damage in this
regard.
3.
Any repressive behaviour towards persons and entities referred to paragraph 1 shall
constitute a violation of Article 21 of the OPCAT.
Article 4
1.
The National Mechanism for the Prevention of Torture, in order to prevent reprisals
against persons whom its representatives have spoken, shall in particular:
(a)
Appoint the Mechanism’s staff member responsible for implementing the
present procedure;
(b)
Inform every person with whom its representatives have spoken about the
prohibition of reprisals by any authority, in connection with the contact with the
Mechanism’s representatives;
(c)
Forward to managers of visited establishments the information on the
prohibition of inquiring persons about the information they have provided to members of
the Mechanism;
(d)
Forward to managers of visited establishments the information on the
prohibition of any retaliatory actions against persons who have provided information to
members of the Mechanism;
(e)
Draw up a document form for notifying the NMPT about reprisals
experienced by persons who have provided information to the Mechanism.
Article 5
1.
Any person who has contacted the NMPT representatives with regard to matters
covered by the Mechanism’s mandate and who has information or reasonable suspicion
concerning reprisals experienced in this regard shall be entitled to notify this fact to the
NMPT. The notification may concern the reprisals experienced by the reporting person or
any other person who has contacted the Mechanism.
2.
The notification about the reprisals may be anonymous.
3.
The notification may be in writing, or verbally to the CHR Office helpline (800 676
676).
4.
The notification form referred to in point 1 is attached as Annex 1 to this procedure
and is available on the NMPT website (www.kmpt.rpo.gov.pl).
5.
The notification shall be sent to the Office of the Commissioner for Human Rights at:
al. Solidarności 77, 00 - 090 Warsaw.
Article 6
1.
Any notification received by the Office shall be forwarded to the secretariat of the
National Mechanism for the Prevention of Torture to be registered as information on the
violation Article 21 of the OPCAT.
2.
The NMPT’s designated employee shall assess the notification in order to forward it
to the CHR Office’s team competent for the type of the violation.
3.
An employee of the team to whom the notification has been forwarded shall
examine whether it is grounded and shall inform the designated employee of the NMPT
about the actions taken with regard to the matter.
4.
The designated employee of the NMPT shall inform the notifying person of actions
taken with regard to the matter and the result of his examination.
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