CAT/OP/POL/CNPMRO/1
Annex I
Procedure of preventing reprisals against persons and
organizations that provide information to representatives of
the National Mechanism for the Prevention of Torture
Article 1
1.
This procedure implements the obligation to ensure prevention of reprisals against
persons and organizations that provide information to representatives of the National
Mechanism for the Prevention of Torture (hereinafter: the NMPT or the Mechanism) in
connection with the mandate exercised by the Mechanism.
2.
The protection shall cover all persons and organizations that have provided any
information, either true or false, to the NMPT.
Article 2
1.
The function of the National Mechanism for the Prevention of Torture in Poland
shall be performed by the Polish Commissioner for Human Rights.
2.
The National Mechanism for the Prevention of Torture shall have the powers to:
(a)
Regularly monitor the manner of treatment of persons deprived of their
liberty in places of detention referred to in Article 4 of the Optional Protocol to the
Convention against torture and other cruel, inhuman or degrading treatment or punishment
(Journal of Laws of 2007, No. 30, item 192), hereinafter referred to as OPCAT, in order to
strengthen, if necessary, those persons’ protection against torture and other cruel, inhuman
or degrading treatment or punishment,
(b)
Issue recommendations for the competent authorities, with the aim to
improve the treatment and conditions of persons deprived of their liberty and to prevent
torture and other cruel, inhuman or degrading treatment or punishment, taking note of
relevant United Nations standards,
(c)
Submit suggestions and comments on existing and planned legislative
instruments.
3.
In order to carry out the tasks specified in point 2, the NMPT shall have:
(a)
Access to all information on the number of persons deprived of liberty in
places of detention, as well as the number and location of such places,
(b)
Access to all information regarding the treatment of such persons and the
conditions in which they are deprived of liberty,
(c)
Access to all places of detention, their installations and equipment,
(d)
The possibility to hold conversations in private, without witnesses, with
persons deprived of their liberty, either directly or through an interpreter if so necessary, as
well as with any other person who, in the opinion of the national preventive mechanism,
may provide relevant information,
(e)
The freedom to choose places to be visited and people to talk to,
(f)
The right to contact the UN Subcommittee on Prevention of Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), forward information to
it and meet with it.
Article 3
1.
The prohibition of reprisals shall be absolute. No person (e.g. detainee, officer, civil
employee, other person) or organization that has provided information to the NMPT may be
subjected to any sanction or damage in this connection, regardless of whether the
information provided by them was true or false.
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