SPT: Initial physical examination of all the inmates should be carried out with the use
of a standard questionnaire which, apart from general questions regarding health,
should include descriptions of all recent acts of violence experienced by the inmate
concerned. A doctor should carry out a full physical examination, including inspection
of the whole body. If the doctor has reasons to suspect the prisoner has been subjected
to torture or other forms of abuse, he should inform relevant authorities immediately.
The same should apply to any injuries suffered in the penitentiary establishment.
Moreover, the Sub-Committee reminds of the recommendation of the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment to adopt procedures to ensure that any injuries reflecting the inmate’s
report about ill-treatment (or suggesting ill-treatment even if it has not been reported
by the inmate), are reported to competent authorities regardless of whether the inmate
has requested to report them or not. The results of the inmate’s physical examination
should be available to the inmate concerned, and to his/her lawyer143.
Body search of prisoners should be subject to court decision
Decisions on conducting body search of prisoners are not subject to assessment by courts, which
poses a problem. This is because directors of penitentiary establishments are not required to issue written
decisions on performing body search, which decisions could be appealed against by inmates before
courts under Article 7 of the Criminal Executive Code.
☞ The National Mechanism for the Prevention of Torture underlines that this can
lead to non-compliance with the law. Therefore, the grounds for and method of
conducting body search of prisoners should be subject to external verification
by a court. Such a mechanism would have the preventive function and may be
a deterrent to those who want to carry out body search where it is unnecessary.
The proceedings that had been started based on an application of the Commissioner for Human
Rights, filed with the Constitutional Tribunal in 2016, to render Article 116(6) of the Criminal Executive
Code in conjunction with Article 7(1) of the Code unconstitutional within the scope in which it did not
143
The SPT report on the visit to Poland, CAT/OP/POL/ROSP/1, points 106 and 107.
63
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents