CAT/C/POL/CO/5-6
law enforcement and medical personnel, judges, prosecutors and persons working
with refugees, migrants and asylum seekers.
Investigations and legal proceedings
18.
The Committee is concerned at reports that the police use illegal methods and abuse
their power during interrogations, and that few criminal proceedings are conducted into
such allegations, the majority of cases being discontinued by the prosecution authorities. It
is also concerned that lengthy court proceedings have created a backlog of cases in the
court system. Furthermore, while noting the statistics provided on convictions under articles
231 (abuse of power), 246 (obtaining testimony using force) and 247 (tormenting a person
deprived of liberty) of the Penal Code, the Committee regrets the lack of information
provided on the number of complaints filed, criminal proceedings brought, persons
acquitted and the length of sentences handed down in relation to these crimes (arts. 2, 12,
13 and 16).
The Committee recommends that the State party:
(a)
Ensure that all reports of torture or ill-treatment are investigated
promptly, effectively and impartially;
(b)
Promptly undertake an effective and impartial investigation on its own
initiative whenever there are reasonable grounds to believe that an act of torture or
ill-treatment has been committed;
(c)
Prosecute persons suspected of having committed torture or illtreatment and, if they are found guilty, ensure that they receive sentences that are
commensurate with the gravity of their acts and that the victims are afforded
appropriate redress;
(d)
Improve the functioning of the judicial system and take measures to
reduce the backlog of cases in its courts; and
(e)
Provide full statistics on crimes related to torture and ill-treatment,
including on the number of complaints filed, criminal proceedings brought, persons
acquitted and sentences handed down.
Conditions of detention in prisons
19.
The Committee welcomes the introduction in 2009 of the system of electronic
monitoring and takes note that the State party has indicated that its prisons are occupied at
96.4 per cent of their total capacity. However, the Committee shares the concern of the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment that this assessment is based on the legal standard of 3 square meters per
person, which in some cases can be reduced to 2 square meters per person. This is not
compatible with the European standard of at least 4 square meters per person. The
Committee against Torture is particularly concerned at reports that approximately 40,000
convicts are awaiting enforcement of their punishment and some 12,000 Polish prisoners
are expected to be returned from other European Union countries. The Committee therefore
considers that prison overcrowding in the State party has not yet been resolved (arts. 2, 11
and 16).
The Committee urges the State party to take the necessary steps to ensure that prison
conditions are at least in keeping with the Standard Minimum Rules for the
Treatment of Prisoners and, in particular, to:
(a)
Relieve overcrowding in the prison system by using non-custodial
measures in accordance with the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment
6