FOREWORD
Every social crisis is a unique test of our humanity. It reflects our real approach to human
dignity. It is also an important measure of our social sensitivity and solidarity.
The year 2020 was undoubtedly marked by a social and health crisis related to the
COVID-19 coronavirus pandemic. How did the extraordinary circumstances and the
accompanying restrictions impact the situation of people deprived of their liberty? The question
is discussed in this report.
The situation required at least two-fold measures. On the one hand, persons deprived of
their liberty had to be consistently protected against torture and other forms of ill-treatment. On
the other hand, it was necessary to ensure that these persons do not themselves become victims
of the COVID-19 virus pandemic. To this end, they had to be provided with appropriate care
(in particular, medical care). Also, steps had to be taken to guarantee that their rights are
respected or are not restricted in an undue or disproportionate manner.
Another fact to be taken into account was that in crisis situations, due to obvious reasons,
the risk of torture and ill-treatment increases. However, the prohibition of torture or cruel,
inhuman or degrading treatment or punishment, provided for in Article 40 of the Polish
Constitution, is absolute and may never be lifted or suspended. A failure to observe it may not
be justified even by extraordinary circumstances. The prohibition derives from the obligation
to respect inherent and inseparable human dignity. Therefore, last year was also a kind of test
for our state, of its approach to the Constitution and the rule of law.
The extraordinary situation related to the pandemic influenced, naturally, also the
methods of operation of the National Mechanism for the Prevention of Torture (NMPT). The
Mechanism is a team of specialists that operates within the Office of the Commissioner for
Human Rights. Since 2008, the Mechanism has been conducting monitoring visits to places of
detention, pursuant to the provisions of the Optional Protocol to the UN Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) ratified
by Poland. In view of the need to take the necessary precautions in interpersonal contacts and
to follow the principle of "do not harm", I decided to temporarily suspend the conduct of onsite (physical) monitoring visits to places of detention. According to the SPT guidelines related
to COVID-19 (addressed to OPCAT States-Parties and to national preventive mechanisms), we
took a number of other activities to comply with our obligations. Among others, we carried out
the visits remotely via an internet communicator. We continuously monitored the pandemic
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