UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, hereinafter referred to as the UN Convention), to ensure enforceable redress to victims of torture, including a fair and adequate compensation (Article 14 of the UN Convention), to fully implement the principle of non-refoulement (Article 3 of the UN Convention) and the principle of not invoking evidence, as referred to in Article 15 of the UN Convention. In the opinion of the Commissioner, non-inclusion of a separate crime of torture in the Penal Code makes it difficult or even impossible to qualify specific acts as torture within the meaning of the UN Convention. It also prevents prompt and impartial investigations and just punishment of the perpetrators. In Poland, however, judgments are issued with regard to acts that, factually, meet the definition of torture as included in Article 1 of the UN Convention. The perpetrators are most often held liable under Article 231 of the Penal Code (abuse of power), Article 246 of the Penal Code (coercion of testimony) and Article 247 of the Penal Code (abuse with regard to a person deprived of liberty). Poland, by ratifying the UN Convention, undertook to protect its citizens against torture by, inter alia, defining a separate crime of torture, counteracting impunity by conducting effective investigations and imposing adequate penalties on the perpetrators, as well as ensuring redress and compensation to victims. The confirmed cases of torture demonstrate that Poland still lacks legal instruments to effectively counteract torture and ill-treatment. Polish penal law fails to take into account all the elements of the definition of torture as contained in Article 1 of the UN Convention. The Polish legislation criminalises acts of illtreatment of citizens by state service officers or persons acting under their orders, but does not take into account actions of other persons e.g. acting in an official capacity or persons acting with explicit or tacit consent of public officials, although the UN Convention refers to such cases. The Polish legislation does not refer to the crime of torture or other ill-treatment arising from any form of discrimination. Moreover, the Committee against Torture, responsible for monitoring the implementation of the UN Convention by States Parties, has repeatedly recommended to Poland the taking of effective legislative action to provide for the crime of torture as a separate specific crime, and the adoption of a definition of torture, that includes all the elements set out in Article 1 of the UN Convention. In view of the above, the Commissioner called on the Prime Minister and the Minister of Foreign Affairs to take a legislative initiative to criminalize torture and to fully implement the UN Convention into the Polish legislation. Rights of persons deprived of their liberty during the epidemic22 During the pandemic, we should follow the principles of solidarity, responsibility and discipline, but also we should have sensitivity and empathy towards those who are deprived of their liberty, e.g. those who are undergoing a quarantine, or are held in prisons, remand prisons, detention facilities operated by the police or military forces, guarded centres for foreigners, juvenile correctional facilities and other institutions for juveniles, psychiatric or social care institutions, and other places where people 22 General intervention letter of the CHR to the Prime Minister, of 27 March 2020, no. KMP.571.2.2020. 22

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