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

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