activity of the Mechanism in 2009 to the extent that had been expected. Thus, Article
18(3) and Article 18(4) of the OPCAT were violated again.The Human Rights
Defender addressed the Secretary General of the Association for the Prevention of
Torture (APT), as well as the Subcommittee on Prevention of Torture (SPT) through
the High Commissioner for Human Rights. On 17 December 2008, in Geneva, Dr
Janusz Kochanowski met the representatives of the APT in person and presented
problems with proper implementation of the OPCAT in Poland. This organisation
considered the fact of the performance of tasks of the National Preventive Mechanism
in Poland by the Human Rights Defender to be a negative example. In its publication
from 2008, the APT emphasized that there had been no increase in the number of the
National Preventive Mechanism employees, which would have otherwise reflected the
performance of new tasks resulting from the Mechanism operation1.
In the course of work on the state budget for 2010, the budget of the Office of
the Human Rights Defender was reduced by PLN 1.3 million, i.e. by almost the same
amount as the one allocated for the NPM operations in 2009. The state budget for 2010
did not allocate any funds to the Office of the Human Rights Defender for the
performance of tasks of the Mechanism. Its operations had to be financed from general
resources of the Office. This meant that NPM tasks had to be executed at the expense
of other activities of the Office and it also entailed significant limitations of the
Mechanism’s operations. Thus, it violated Article 18(3) and Article 18(4) of the
OPCAT.The Human Rights Defender sent a relevant letter informing about serious
financial difficulties of the Mechanism to the Secretary General of the Association for
the Prevention of Torture (APT), the Subcommittee on Prevention of Torture (SPT)
and the European Committee for the Prevention of Torture (CPT).
In 2011, the Sejm reduced the expenditure related to the functioning of the
Office of the Human Rights Defender from PLN 36.477 million to PLN 35.424
million. The reduction of the Office’s budget triggered the reduction of the funds to
cover the operational costs of the National Preventive Mechanism in 2011, from PLN
1.740 million to PLN 1.265 million.
Undoubtedly, the abovementioned Article 18(3) and (4) of the OPCAT were
violated also in 2011.
4. International cooperation
Due to the development of National Preventive Mechanisms in Europe, their
members see a growing need to exchange their experience. International cooperation
between NMPs is aimed at elaborating a common position regarding the broadly
understood protection against torture and other cruel, inhuman or degrading treatment
or punishment, as well as at standardizing the methodology of preventive visits.
On 27 and 28 January 2010 in Padua, as part of the “European NPM Project"2,
the first meeting of national mechanisms’ contact persons took place. The meeting was
1
National Human Rights Commissions and Ombudspersons’ Office / Ombudsmen as National Preventive
Mechanisms under the Optional Protocol to the Convention against Torture, APT 2008.
2
The project for active cooperation between European NPMs, co-financed by the Council of Europe and the
European Union. The subject of the workshop is “Organising, conducting and reporting preventive visits to
various detention places: Exchange of experiences between the National Preventive Mechanism and experts of