torture or to cruel, inhuman or degrading treatment or punishment. No circumstance
whatever may be invoked as a justification for torture or other cruel, inhuman or degrading
treatment or punishment.
Resolution of the United Nations General Assembly 43/173 of 9 December 1988:
Principle 30.1. The types of conduct of the detained or imprisoned person that constitute
disciplinary offences during detention or imprisonment, the description and duration of
disciplinary punishment that may be inflicted and the authorities competent to impose such
punishment shall be specified by law or lawful regulations and duly published.
2. A detained or imprisoned person shall have the right to be heard before disciplinary
action is taken. He shall have the right to bring such action to higher authorities for review.
Standards of the European Committee for the Prevention of Torture. An excerpt from
CPT 7th General Report [CPT/Inf (97) 10] concerning depriving aliens - illegal
immigrants - of liberty:
As well as possessing well-developed qualities in the field of interpersonal communication,
the staff concerned should be familiarised with the different cultures of the detainees and at
least some of them should have relevant language skills. Further, they should be taught to
recognise possible symptoms of stress reactions displayed by detained persons (whether
post-traumatic or induced by socio-cultural changes) and to take appropriate action.
Law enforcement officials may on occasion have to use force in order to effect such a
removal. However, the force used should be no more than is reasonably necessary. It
would, in particular, be entirely unacceptable for persons subject to an expulsion order to
be physically assaulted as a form of persuasion to board a means of transport or as
punishment for not having done so. Further, the Committee must emphasise that to gag a
person is a highly dangerous measure.The CPT also wishes to stress that any provision of
medication to persons subject to an expulsion order must only be done on the basis of a
medical decision and in accordance with medical ethics.
Code of Conduct for Law Enforcement Officials of 1979
Resolution of the United Nations General Assembly 34/169 (1979).
Recommendation Rec(2001)10 of the Committee of Ministers to Member States on the
European Code of Police Ethics.
The Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws, No. 78,
item 483)
Article 40. Nobody can be subject to torture or cruel, inhuman or degrading treatment or
punishment The application of corporal punishment shall be prohibited.
Torture or degrading treatment cannot be narrowly understood only as a
positive act (e.g. beating a foreigner staying in a deportation centre). Taking into
account the definition of torture and degrading treatment, provisions of the
international and internal law, the National Preventive Mechanism
comprehensively examines various issues (concerning, inter alia, living conditions
or health care) which, in a given context, separately or together, may indicate the
application of torture or cruel or degrading treatment of persons staying in visited
establishments. Therefore, this problem should be presented also from the
perspective of control, coercive and penalty measures96 applied by the personnel of
96
A foreigner displaying a negative attitude towards obligations and prohibitions imposed on him, specified in
Art. 119 and 120 of the Act of 13 June 2003 on aliens (Dz.U. No 128, item 1175 and of 2004, No 96, item 959
and No 179, item 1842), as well as to provide a foreigner with security, can be placed, upon the order of the
director of a guarded centre or an officer responsible for the functioning of the deportation centre, in a single
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