CPT: The clear lack of progress with regard to basic safeguards against ill-treatment
is long-lasting and is of systemic nature. If the Polish authorities do not take targeted
and decisive action, the risk of ill-treatment of persons detained by the police is likely
to continue to increase in the near future.
If no progress is achieved in the implementation of the long-term CPT
recommendations by the Polish authorities, the Committee may have to refer to
Article 10(2) of the European Convention for the Prevention of Torture and issue a
public statement on the matter78.
Implementation status of the recommendations
The reminder about the prohibition to use violence (including verbal violence) and about the
sanctions for violating the prohibition79
The recommendation has been implemented in all three visited establishments.
Preventing and minimizing the use of force when detaining people; officers’ training in this area
The CPT indicated in its report that, in view of the findings made, it was necessary to remind
the officers that physical force may be used against detainees only if the principle of proportionality is
observed. There is no justification for beating detained persons who are incapacitated. Also, police
officers should be trained in preventing and minimizing the use of violence in connection with people’s
detention, and in using professional techniques that minimize the risk of injury to the persons to be
detained80.
Assessment of the recommendation’s implementation: The training has not been conducted
at any of the visited units. At one of the units, the officers took part in training focused on human rights,
equal treatment and elements of anger control81.
Use of tasers
78
Ibid., Executive summary and points 8-9. To date, the CPT has published 9 public statements. They concerned:
Turkey,
Russia,
Greece,
Bulgaria
and
Belgium.
The
statements
are
available
at:
https://www.coe.int/en/web/cpt/public-statements (access: 27 January 2021). See also Article 10(2) of the
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Journal
of Laws of 1995, no. 46, item 238).
79
CPT report, CPT/Inf (2018) 39, para. 21; SPT Report, CAT/OP/POL/ROSP/1, para. 46.
80
CPT report, CPT/Inf (2018) 39, para. 21.
81
Room for detained persons at the Warsaw Police Headquarters, KMP.570.3.2020 KK.
48
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