CAT/OP/POL/CNPMRO/1 A. Recommendations relating to institutional and structural issues 1. Institutional framework and independence Comments of the national preventive mechanism on the recommendation(s) contained in paragraph 19 of the recommendations and observations addressed to it in connection with the Subcommittee visit (CAT/OP/POL/RONPM/1) 1. The Polish National Mechanism for the Prevention of Torture operates according to the Ombudsman model. Pursuant to Resolution No. 144/2005 of the Council of Ministers of 25 May 2005, Undersecretary of State in the Ministry of Justice, by way of a letter dated 18 January 2008, officially entrusted to the Polish Commissioner for Human Rights the role of the National Preventive Mechanism within the meaning of Article 3 of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter: OPCAT). The protocol was adopted by the United Nations General Assembly on 18 December 2002 in New York. In relation to the Republic of Poland, it entered into force on 22 June 2006. Pursuant to Article 1(4) of the Act of 15 July 1987 on the Commissioner for Human Rights (hereinafter: the Act on the CHR), the Commissioner performs the function of a visiting body for the prevention of torture and other cruel, inhuman or degrading treatment or punishment (National Preventive Mechanism). The performance of this function involves regular oversight over the manner of treatment of persons deprived of liberty (Article 8(2) of the Act on the CHR). 2. According to the Statutes of the Office of the Commissioner for Human Rights, the National Preventive Mechanism constitutes one of the Teams (i.e. units) of the Commissioner’s Office, and is headed by the Team’s director and his/her deputy. Substantive supervision over the Team is exercised by one of the CHR deputies. 3. Due to permanent understaffing of the Mechanism, an agreement has been concluded between the NMPT and CHR’s regional representatives. Pursuant to that agreement, in each regional office an employee has been designated who, apart from working for the office, also takes part in three preventive visits under the Mechanism, held in establishments located in the area for which a given CHR’s representative is responsible. Moreover, the Head of the Department for Migrant and National Minorities’ Rights also participates in visits performed under the Mechanism to closed detention centres for migrants. During the preventive visits, the CHR Office employees carry out the mandate of the national preventive mechanism. 4. During the visits, the visiting team is supported by external experts: physicians psychiatrists, geriatricians, internal medicine doctors, as well as professionals specializing in issues that constitute the focus of NMPT visits. 5. The scope of tasks and issues covered by the National Mechanism for the Prevention of Torture in many cases requires specialist knowledge and professional experience. Therefore, since 2016 the CHR’s Expert Committee on the National Preventive Mechanism has been in operation. Among the members of the Committee is Ms. Maria Książak, cofounder of the Polish Centre for the Rehabilitation of Torture Victims, whose expert knowledge supports the Mechanism during its visits to closed detention centres for migrants. 6. The NMPT’s separation from other subject-specific Teams of the CHR Office is reflected, primarily, by the fact that the Mechanism is not responsible for handling complaints from people deprived of their liberty. Such complaints are considered by employees of the Penalties Enforcement Team (with regard to penitentiary units) and employees of the Department for Law Enforcement Proceedings (with regard to the police). 7. During the visits, the Mechanism’s representatives may record sound, with the consent of individuals who are going to be recorded, as well as hold meetings with persons deprived of their liberty without the presence of other parties and meet individuals who, at their discretion, may provide significant information (Article 13(1)(a) of the Act on the CHR). 3