UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
hereinafter referred to as the UN Convention), to ensure enforceable redress to victims of torture,
including a fair and adequate compensation (Article 14 of the UN Convention), to fully implement the
principle of non-refoulement (Article 3 of the UN Convention) and the principle of not invoking
evidence, as referred to in Article 15 of the UN Convention.
In the opinion of the Commissioner, non-inclusion of a separate crime of torture in the Penal
Code makes it difficult or even impossible to qualify specific acts as torture within the meaning of the
UN Convention. It also prevents prompt and impartial investigations and just punishment of the
perpetrators. In Poland, however, judgments are issued with regard to acts that, factually, meet the
definition of torture as included in Article 1 of the UN Convention. The perpetrators are most often held
liable under Article 231 of the Penal Code (abuse of power), Article 246 of the Penal Code (coercion of
testimony) and Article 247 of the Penal Code (abuse with regard to a person deprived of liberty). Poland,
by ratifying the UN Convention, undertook to protect its citizens against torture by, inter alia, defining
a separate crime of torture, counteracting impunity by conducting effective investigations and imposing
adequate penalties on the perpetrators, as well as ensuring redress and compensation to victims. The
confirmed cases of torture demonstrate that Poland still lacks legal instruments to effectively counteract
torture and ill-treatment. Polish penal law fails to take into account all the elements of the definition of
torture as contained in Article 1 of the UN Convention. The Polish legislation criminalises acts of illtreatment of citizens by state service officers or persons acting under their orders, but does not take into
account actions of other persons e.g. acting in an official capacity or persons acting with explicit or tacit
consent of public officials, although the UN Convention refers to such cases. The Polish legislation does
not refer to the crime of torture or other ill-treatment arising from any form of discrimination. Moreover,
the Committee against Torture, responsible for monitoring the implementation of the UN Convention
by States Parties, has repeatedly recommended to Poland the taking of effective legislative action to
provide for the crime of torture as a separate specific crime, and the adoption of a definition of torture,
that includes all the elements set out in Article 1 of the UN Convention. In view of the above, the
Commissioner called on the Prime Minister and the Minister of Foreign Affairs to take a legislative
initiative to criminalize torture and to fully implement the UN Convention into the Polish legislation.
Rights of persons deprived of their liberty during the epidemic22
During the pandemic, we should follow the principles of solidarity, responsibility and discipline,
but also we should have sensitivity and empathy towards those who are deprived of their liberty, e.g.
those who are undergoing a quarantine, or are held in prisons, remand prisons, detention facilities
operated by the police or military forces, guarded centres for foreigners, juvenile correctional facilities
and other institutions for juveniles, psychiatric or social care institutions, and other places where people
22
General intervention letter of the CHR to the Prime Minister, of 27 March 2020, no. KMP.571.2.2020.
22
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