Warsaw-Grochów. Each time when the visiting persons did not find such a cell, they
recommended the adjustment of at least one cell for women and men to the needs of
such persons, as well as the adjustment of some shower stands (PDC in Koszalin).
The visiting persons each time verified also whether the prisoners were not
accommodated in overcrowded cells. According to information obtained from
Directors of visited units, overcrowding did not take place or was minimal. Prisoners
were accommodated in conditions meeting the standard of 3 m2 of the cell area per
person, in accordance with Article 110 of the Executive Penal Code.Findings made
by NPM employees during visits often showed that overcrowding does not exist
only in statistical terms. Such situation triggers other improper practices. For
example, seven entertainment rooms at the PDC in Wrocław were transformed into
cells. Only one entertainment room functioned in PDC in Koszalin and entertainment
rooms in Wards II, III and IV of PDC in Wejherowo were temporarily transformed
into cells as well. Infirmaries, isolated cells and transition cells were also adapted for
the purpose of prisoners’ accommodation (PDC in Choszczno). In the prison in
Rzeszów, rooms of Ward IX for prisoners posing a serious threat to the society or a
threat to prison safety (the so-called “dangerous prisoners”) were used for prisoners
not qualified to this group.According to information obtained from the Director of the
establishment, such actions were undertaken due to limited area and were supposed to
provide adequate living space to prisoners. In the view of NPM, due to special
discipline and safeduards in the ward for “dangerous prisoners”, prisoners from
other groups should not be accommodated there.PDC in Wejherowo did not have a
ward for persons in pre-trial detention. The information provided by the Director of the
establishment reveals that such practice facilitiated the appropriate accommodation of
prisoners according to administering bodies’ recommendations and mitigates the
problem of overcrowding. During the inspection, the persons visiting the establishment
also found cases where prisoners from different classification subgroups were
accommodated in the same cell (e.g. P-1 with P-2 and P-3, R-1 with R-2 and R3).Such practice, in the view of the National Preventive Mechanism, also requires
verification, since it leads to an ungrounded limitation of the rights of persons
qualified by the penitentiary commission to serve the penalty in half-open or open
establishments.
Due to the overcrowding observed during the NPM visit, on 1 April 2010 the
Human Rights Defender filed a petition to the Minister of Justice41 requesting the
Ministry of Justice to take action aimed at eliminating overcrowding in prisons and
pre-trial detention centres. The Defender indicated that new legal acts42 had introduced
procedures to prevent overcrowding in penitentiary establishments, however, the
performance of this task met with considerable obstacles. In the Defender’s view,
constant and high financial expenditure is needed to improve conditions in the
penitentiary sector. On the other hand, current jurisprudence of criminal courts and the
lack of creating an adequate number of new accommodation places in prisons, as well
as the application of the provisions of both abovementioned legal acts may entail the
41
RPO-515967-VII/10
Act of 9 October 2009 amending the Act – Executive Penal Code (Dz.U. of 2009, No 190, item 1475) and
Ordinance of the Minister of Justice of 25 November 2009 on the mode of competent authorities dealing with the
situation where the number of prisoners in prisons and pre-trial detention centres exceeds the overall capacity of
these establishments in the national scale (Dz.U. of 2009, No 202, item 1564), resulting thereof.
42
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