Guidebook
Poland
In October 2018, the Polish NHRI commissioned the survey “Tortures
– the Opinions of Poles”. As many as 71% of respondents indicated that
after 1989 tortures have been used in Poland. It is also very disturbing
that as many as 41% of respondents believe that using tortures may be
justified in certain cases. At the same time, Poles pointed out that the use
of tortures by public institutions should be given more attention in public
debate – such opinion was expressed by 86% of respondents. Responding to such social expectations, the NPM decided to launch a public campaign with a slogan “Torture-free State”. The main goal of this campaign
was to increase public awareness and understanding of the crime of torture and its victims, often persons with low social awareness, juveniles,
or persons with disabilities. As part of this campaign, educational meetings were held by representatives of the NPM with university students of
faculties such as law, social work, and psychology. 289
Further NHRIs should explore innovative ways to promote their work in
order to reach the general public. An interesting example in this regard
comes from the Polish NHRI.
WAYS TO PROMOTE CHANGE
3.2.
Promoting an adequate legal framework
PARIS PRINCIPLES
3 (a) (…) submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a
matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and
protection of human rights the national institution may decide to
publicize them; these opinions, recommendations, proposals and
reports, as well as any prerogative of the national institution, shall
relate to the following areas:
(i) (…) the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and
shall make such recommendations as it deems appropriate in order
to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and
the adoption or amendment of administrative measures
Poland
VENICE PRINCIPLES
The Ombuds office has it stands at musical festivals in Poland. This year
they had a court case as a theatre play to show how a court works. They
had different interactive games to show how procedural rights work. The
Ombudsman himself is there and takes part in all the activities and is
involved among young people. 290
‘Ombudsman shall preferably have the power to challenge the constitutionality of laws and regulations or general administrative acts’
291
OPCAT, ART 19
(b) To make recommendations to the relevant authorities with the
aim of improving the treatment and the conditions of the persons
deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the United Nations;
(c) To submit proposals and observations concerning existing or
draft legislation.
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