disciplinary sanction consisting in the placement in an isolation cell for a period exceeding 14 days. At
the remand prison Warszawa Służewiec in 2019-2020 there was only one such case too.
The national law has not been adjusted to the CPT standard186. Therefore, there is a risk of
placing a prisoner in a solitary confinement for a period of more than 14 days (up to 28 days), depending
on the establishment director’s decision. The regulations also allow for sequential disciplinary sentences
resulting in an uninterrupted period of solitary confinement lasting for up to 28 days187. Importantly,
according to Polish law, a disciplinary sanction of less than 14 days does not require consent of a
penitentiary judge188.
Role of prison doctors in the procedure of placement in a disciplinary cell
The CPT expressed is concern about the fact that doctors were involved in the procedure of
placing prisoners in isolation cells. According to the CPT, medical personnel should never participate
in any part of the decision-making process resulting in any type of solitary confinement, except where
the measure is applied for medical reasons. Obliging prison doctors to certify that prisoners are fit to
undergo punishment is scarcely likely to promote a positive doctor-patient relationship; moreover, it is
unethical. 189.
Health-care staff should be informed immediately of every such placement and should visit the
prisoner without delay after placement and thereafter on a regular basis, at least once per day, and
provide him/her with prompt medical assistance and treatment as required190. The CPT recommended
that steps be taken by the Polish authorities to ensure that the practice throughout the Polish prison
system is brought into conformity with the aforementioned standards191.
The remand prison Warszawa-Białołęka failed to implement the recommendation. Doctors
still certify that prisoners are fit to undergo a disciplinary sanction, which is in line with the Criminal
Executive Code192. In some cases doctors also certify that prisoners can undergo other disciplinary
sanctions such as not receiving parcels with food from outside the prison for up to 3 months.193.
186
See: Article 143(1)(8) of the Criminal Executive Code.
187
See: Article 146(1) and (2) of the Criminal Executive Code.
188
See: Article 145(3) of the Criminal Executive Code.
189
See: CPT report on the visit to Poland, CPT/Inf (2018) 39, para 89.
190
Ibid., para. 90.
191
Ibid., para. 89 and 90.
192
See: Article 145(3) of the Criminal Executive Code.
193
See: Article 145(4) and (5) of the Criminal Executive Code 145.
77
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