The Commissioner called on the Prime Minister to take a legislative initiative to amend the law
again and withdraw the Prison Service’s right to use electric weapons.
The Minister of Justice, to whom the Prime Minister forwarded the motion, did not share31 the
Commissioner’s arguments. The act in question, within the discussed scope, entered into force on 31
March 2020. The period of its validity, according to the minister, has been too short to indicate any real
negative effects of the amendment. When introducing the regulations, the legislator was guided
primarily by the need to increase the level of security in penitentiary establishments. The penitentiary
service’s right to use the direct coercion measure is aimed at ensuring the service’s effective operation
not only during the pandemic but also in all situations where human life or health should be protected.
The need for the Polish government to join the so-called CPT reports automatic publication
procedure32
In 2019, the European Committee for the Prevention of Torture and Inhuman and Degrading
Treatment or Punishment (CPT) celebrated its 30th anniversary. The institution as well as its
achievements are recognized at the international level, and the standards it has developed are of
fundamental importance for improved management of places of detention, increased professionalism of
their staff, and the protection of persons deprived of their liberty against the risk of torture and other
cruel, inhuman or degrading treatment or punishment. The CPT reports and standards play an important
educational role, stimulate the public debate on human rights, and assist the Commissioner for Human
Rights in performing the function of the national preventive mechanism. The Commissioner noted that
the Polish government has not yet joined the so-called CPT reports automatic publication procedure.
Thus, pursuant to the provisions of the European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment, reports on CPT visits remain confidential until the Polish
government requests their publication. This formula, however, is not perfect as it extends the time after
which the public and the Commissioner may read the report. Because of the fact that the conclusions
contained in CPT reports often require urgent corrective or preventive measures to be taken by the
relevant state, more and more Council of Europe member states decide to join the so-called automatic
publishing procedure. So far, 12 countries have joined it, including the Czech Republic (in 2019) and
Ukraine (in 2014). Also the authorities of Austria, Albania, Bulgaria, Denmark, Finland, Luxembourg,
Moldova, Monaco, Norway and Sweden have acceded. The adoption by our government of the
automatic publication procedure would mean that all future reports on the CPT visits would be made
public as soon as they are sent to the government. A separate request for publishing a given report would
then not be required, as the procedure assumes the consent to the automatic publication of all future
reports. The same applies to the responses to the reports, that are published immediately after their
31
Letter of 7 August 2020.
32
General intervention of the CHR to the Prime Minister, of 29 May 2020, no. KMP.571.7.2020.
27
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