good (PDC Warszawa-Grochów, PDC in Wrocław, PDC in Środa Wielkopolska and
PDC and EW in Choszczono, Prison in Tarnów). However, in several establishments,
the persons conducting the visits recommended the elimination of improper forms of
behaviour towards prisoners and reminded about the obligation to treat prisoners with
due respect to human dignity. Prisoners reported that every now and then, cases of
provocative behaviour of officers, use of vulgar vocabulary and verbal degrading (e.g.
using such words as “freak” or “psycho” in presence of other prisoners) take place,
mainly from prison warders (e.g. Prisons in Rzeszów-Załęże, Goleniów and
Hrubieszów, PDC in Wejherowo and Koszalin).
An external expert – doctor of medical sciences – taking part in a visit to a PreTrial Detention Centre in Gliwice, noticed the lack of a chair for a patient, as a result
of which the medical examination required a standing position. The National
Preventive Mechanism recommended to abandon such practices. According to the
information provided by the Director of Pre-Trial Detention Centre in Gliwice, the
possibility to use a chair by prisoners visiting a doctor had been provided.
7. Disciplinary responsibility
Standard Minimum Rules for the Treatment of Prisoners [New York 1984]
Rule 31 Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman
or degrading punishments shall be completely prohibited as punishments for disciplinary
offences.
European Prison Rules [Recommendation Rec(2006)2 of the Committee of Ministers to
member states on the European Prison Rules]
Rule 56.1 Disciplinary procedures shall be mechanisms of last resort.
Rule 56.2 Whenever possible, prison authorities shall use mechanisms of restoration and
mediation to resolve disputes with and among prisoners.
Rule 57.1 Only conduct likely to constitute a threat to good order, safety or security may be
defined as a disciplinary offence.
Rule 59 Prisoners charged with disciplinary offences shall:
a) be informed promptly, in a language which they understand and in detail, of the nature of
the accusations against them;
b) have adequate time and facilities for the preparation of their defence;
c) be allowed to defend themselves in person or through legal assistance when the interests
of justice so require;
d) be allowed to request the attendance of witnesses and to examine them or to have them
examined on their behalf;
e) have the free assistance of an interpreter if they cannot understand or speak the language
used at the hearing.
Rule 60.2 The severity of any punishment shall be proportionate to the offence.
Rule 60.3 Collective punishments and corporal punishment, punishment by placing in a dark
cell, and all other forms of inhuman or degrading punishment shall be prohibited.
Rule 60.4 Punishment shall not include a total prohibition on family contact.
Rule 60.5 Solitary confinement shall be imposed as a punishment only in exceptional cases
and for a specified period of time, which shall be as short as possible.
Rule 60.6 Instruments of restraint shall never be applied as a punishment.
Rule 61 A prisoner who is found guilty of a disciplinary offence shall be able to appeal to a
competent and independent higher authority.
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