receipt by the Committee. Each party to the dialogue (i.e. the CPT and the government) has, however,
the possibility to postpone the publication of the document for up to six months after its receipt. Thus,
if the postponement of the publication of a report or reply is, in the government's opinion, justified by
any reason, it is possible according to the procedure. In the opinion of the Commissioner, the adoption
of the procedure by the Polish government is of great practical importance for torture prevention.
According to the Preamble to the Optional Protocol to the United Nations Convention against Torture
the effective prevention of torture and other cruel, inhuman or degrading treatment or punishment
requires education and a combination of various legislative, administrative, judicial and other measures.
In this context, the time when the CPT report is made public is of key importance, as confirmed by
experts and international institutions working in the field of human rights protection. The Commissioner
requested the prime minister to ensure that Poland adopts the automatic procedure of publishing future
CPT reports and responses, that the Committee’s report on the visit to Poland on 9-16 September 2019
is published and that the authorities’ position on the issue is presented.
In response, the Minister of Justice informed33 the Commissioner that the actions of the Polish
authorities fully implement Poland's obligations under the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment. The Committee and its representatives
receive all the necessary assistance during their visits to Poland. As regards the publication of the CPT
report on the ad hoc visit to Poland held in 2019, the Ministry informed that, in line with the established
practice, the Minister of Justice would request the Committee to publish the report together with the
response of the Polish authorities. After the publication of the documents by the CPT, they will be posted
on the website of the Ministry of Justice.
The need to disseminate the standards of the United Nations Office for Project Services applicable
to planning and technical aspects of penitentiary establishments34
The issue of appropriate infrastructure of penitentiary establishments is of key importance for
humane treatment of prisoners. Despite numerous problems in this area, many positive changes have
taken place over the years. However, further progress requires not only the necessary financial support
but also consistent planning and implementation based on the highest standards.
The Commissioner welcomed the works on drafting the act on the modernization of the Prison
Service in the years 2021–2024. It is important for penitentiary institutions to properly perform the tasks
for which they have been established and to respect the rights and needs of detainees and other people
within those establishments. The Commissioner recalled that already in 2016, the United Nations Office
for Project Services (UNOPS) published a document entitled Technical Guidance for Prison Planning.
Technical and operational considerations based on the Standard Minimum Rules for the Treatment of
33
Letter of 14 July 2020.
34
General intervention letter of the CHR to the Minister of Justice, of 9 July 2020, no. KMP.571.18.2020.
28
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