mass adjournment of penalties of up to two years of deprivation of liberty. Moreover,
during interviews with the representatives of the National Preventive Mechanism,
persons deprived of liberty indicated that in order to implement regulations specifying
the maximum period of staying in an overcrowded cell, numerous transfers of
prisoners between penitentiary units take place, which hinder the contact with family
members or exercise of other rights. In the response of 28 April 2010, the Deputy
General Director of the Prison Service, authorised by the Minister of Justice, stated
that the inspection made at the Central Administration of the Prison Service by the
Supreme Chamber of Control indicated that as a result of the implementation of the
Programme for acquiring 17 000 places in penitentiary organisation units in the years
2006-2009, the conditions of serving penalties by prisoners, both as regards the living
space in cells and an adequate number of officers in proportion to the number of
prisoners, had improved.Funds allocated to the penitentiary sector for capital expenses
in 2010 will allow to complete 8 investment projects, as a result of which the number
of accommodation places for prisoners will increase by 1 275. The Central
Administration of the Prison Service submitted proposals for further investments under
the Programme, as well as following investments resulting from the current status of
penitentiary organizational units and actions related to the proper distribution and
protection of prisoners. A relevant document is evaluated by the Ministry of Justice.
The Ministry of Justice carries out periodic analyses of the number of inmates in
penitentiary establishments and the reasons for overcrowding. The Ministry also
prepared the draft Act amending the Act on serving the deprivation of liberty sentence
outside a penal institution under an electronic surveillance system, aiming at
increasing the number of convicts to serve the said penalty under an electronic
surveillance system.
Summing up the issue related to overcrowding of penitentiary establishments, a
fragment from concluding observations of the Human Rights Committee made after
the examination of the sixth periodic report of Poland43 should be cited. In point 17
of the concluding observations, the Committee expressed concern that
overcrowding in pre-trial detention centres and prisons continues to be a problem.
The State party should take urgent measures to address overcrowding in
detention centres and prisons, including through increased resort to alternative
forms of punishment, such as electronic monitoring and parole, and reduce the
use of pretrial detention. CPT took a similar position: To address the problem of
overcrowding, some countries have taken the route of increasing the number of
prison places. For its part, the CPT is far from convinced that providing
additional accommodation will alone offer a lasting solution. Indeed, a number
of European States have embarked on extensive programmes of prison
building, only to find their prison populations rising in tandem with the
increased capacity acquired by their prison estates. By contrast, the existence
of policies to limit or modulate the number of persons being sent to prison has
in certain States made an important contribution to maintaining the prison
43
Sixth periodic report of Poland (CCPR/C/POL/6) submitted in accordance with Article 40 of the International
Covenant on Civil and Political Rights, considered at the meetings of the Committee (CCPR/C/SR.2746 i 2447),
that took place on 12 and 13 October 2010. Concluding observations adopted at 2766th meeting on 26 October
2010.
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