and outside the context of the prison system, including the possibility to have confidential
access to an appropriate authority. The CPT attaches particular importance to regular visits
to each prison establishment by an independent body (e.g. a Board of visitors or supervisory
judge) possessing powers to hear (and if necessary take action upon) complaints from
prisoners and to inspect the establishment's premises. Such bodies can inter alia play an
important role in bridging differences that arise between prison management and a given
prisoner or prisoners in general.
Executive Penal Code (Dz.U. of 1997, No 90, item 557, as amended)
Article 6. (1) A convict may file applications to initiate proceedings before the court and
take part therein as a party, as well as lodge complaints against decisions issued in executive
proceedings, unless the law provides otherwise.
§ 2. A convict may file applications, complaints and requests to decision executing bodies.
Article 102. A convict has the right to, in particular: (…)
10) file applications, complaints and requests to bodies competent for their examination and
present them, without the presence of third persons, to the penitentiary unit administration,
directors of Prison Service organisational units, a penitentiary judge, a prosecutor or the
Human Rights Defender.
During the visits of the National Preventive Mechanism, the persons conducting the
visits positively assessed the possibility to lodge complaints and file applications to the
director of the establishment and other competent authorities by prisoners. The vast
majority of complaints in visited penitentiary establishments concerned inappropriate
medical care and living conditions. The remaining ones concerned the treatment by
Prison Service officers, overcrowding and dealing with correspondence.
6. Treatment of persons deprived of liberty and application of coercive measures
European Convention for the Protection of Human Rights and Fundamental Freedoms
[OJ 1993, No 61, item 284]
Art. 3. Nobody can be subject to torture and inhuman or degrading treatment or punishment
The UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (UNCAT) [Dz.U. of 1989, No 63, item 378]
Article 1. For the purposes of this Convention, torture means any act by which severe pain
or suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession, punishing him
for an act he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official
capacity.This term does not include pain or suffering arising only from, inherent to or
incidental to lawful sanctions.
Standard Minimum Rules for the Treatment of Prisoners [New York 1984]
Rule 33 Instruments of restraint, such as: handcuffs, chains, irons and strait-jackets, shall
never be applied as a punishment. Furthermore, chains or irons shall not be used as
restraints. Other instruments of restraint shall not be used except in the following
circumstances:
(a) as a precaution against escape during a transfer, provided that they shall be removed
when the prisoner appears before a judicial or administrative authority;
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