Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 were refused food and something to drink and they were not allowed to use the toilet. Those measures were aimed at making them admit to offenses constituting objects of criminal proceedings20. The prisoner reported to Prison Service officers and the doctor that he had experienced violence, but his injuries were not documented and the prosecutor was not notified. In one case the prisoner reported the fact of being assaulted by the police to the officers of the Prison Service and the prison doctor21. In the photograph taken upon admission, contained in the prisoner’s file, one can see marks of injuries (on the nose and forehead). Despite that, medical documentation fails to mention any injuries existing during arrest or upon admission to the penitentiary establishment. Additionally, the NMPT representatives found two handwritten statements, indicating that the injuries were sustained during arrest by the police. Text of the prisoner statements found in the files: “I declare that I sustained the injuries which are visible on my body when I was arrested by the police” and “The injuries on my face and body were sustained during arrest prior to my admission to the pre-detention centre”. The formal note on the preliminary conversation fails to indicate whether the time and place of occurrence of the prisoner’s injuries was discussed. Documents that were made available to the visiting team do not mention any measures taken by the administration of the establishment to examine the case. In particular, there is no indication whatsoever whether the establishment’s director notified law enforcement bodies or the penitentiary judge. It may be concluded from the response to the report, submitted by the director of the pre-trial detention centre, that this obligation was not fulfilled22. In the light of currently applicable legal regulations, bodily injuries discovered upon the admission of an individual to the pre-trial detention centre should be recorded in the documentation of the intake examination and suspicion that the officers of the uniformed services might have used violence should result in the notification of enforcement bodies. Penitentiary judge should also be informed about the case23. 20 The problem is described in more details in the Information about the observance of the freedoms and rights of persons and citizens in 2017 and the activity of the Commissioner for Human Rights (in relation to Article 40 of the Constitution). 21 Pre-detention centre in Wałbrzych 22 Letter of Director of the Pre-trial Detention Centre in Wałbrzych of 20.10.2017, ref. no. DD.0812.5.2017.JK 23 Cf. Article 304(2) of the Act of 6 June 1997 Code of Criminal Procedure (consolidated text: Dz. U. of 2017, item 1904); Article 36 (1) and (3) of the regulation of the Minister of Justice dated 23 June 2015 on administrative activities related to the enforcement of pre-trial detention sentences as well as penalties and coercive measures resulting in deprivation of liberty, and on documenting such activities (Dz. U. of 2015, item 927) 17

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