the preventive aspect. At the same time, it is worth noting that in the majority of cases, juveniles who were handcuffed during transport did not display aggressive behaviour and obeyed the orders of police officers. According to the Commissioner for Human Rights, the routine use of handcuffs on juveniles whose behaviour does not justify the preventive use of direct coercion measures, is not only a transgression of the law but is a form of degrading treatment of such persons, within the meaning of Article 3 of the European Convention on Human Rights. It clearly states that no one shall be subjected to torture or inhuman or degrading treatment or punishment. Moreover, in their long-term practice the NMPT personnel have come across cases where juveniles were handcuffed during their transport despite the fact that they were transported in police vans under the supervision of police officers. This, in the Commissioner's view, is not only disproportionate action but one that is stigmatising and traumatising for a young person. The Commissioner for Human Rights therefore requested the Minister of the Interior and Administration to comment on the CHR conclusions. The Minister replied20 that in the light of the applicable legislation, of the criminal nature of the committed acts and their dynamics, in specific situations the preventive use of handcuffs by police officers should be considered justified as it makes it possible to avoid potential negative consequences of not using the handcuffs. In cases of ungrounded use of a direct coercive measure, including handcuffs, by a police officer, there exist legal possibilities of controlling whether the measures have been used in a justified manner, and of enforcing disciplinary or criminal liability. Also, in connection with the use of direct coercion in the form of handcuffs, the National Police Headquarters will sent a letter to the commanders of the voivodeship i.e. regional police units and the Warsaw police unit with a content to be used in professional training for police officers. The need to introduce a definition of torture and other cruel, inhuman or degrading treatment or punishment into the Polish legislation21 The Commissioner pointed out to the Prime Minister and the Minister of Foreign Affairs that it is necessary to introduce the definition of torture and other cruel, inhuman or degrading treatment or punishment into the Polish legislation. This necessity was highlighted by the CHR following the recommendations of the UN Committee Against Torture (CAT) and the opinion of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), which evaluates the Polish legislation with regard to the prohibition of torture, and provides examples of other countries’ legislation containing definitions of such acts. The said opinion refers to the basic elements of the absolute prohibition of torture and other ill-treatment, as identified by the Committee against Torture. It points out that a definition of torture and other ill-treatment as a crime should be included in the national legislation. It also emphasizes that the State is under the obligation to investigate all acts of torture and other ill-treatment (Article 12 of the 20 Letter of 4 March 2020. 21 General intervention letter of the CHR to the Prime Minister, of 19 March 2020, no. KMP.570.3.2018. 21

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