Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Dear Readers, Torture is one of the gravest violations of fundamental human rights. It not only infringes upon numerous rights enjoyed by people, but also constitutes a direct assault on human dignity which is protected by the Polish Constitution as the source of those rights. Torture is universally prohibited under international law. The prohibition of torture is absolute and unconditional, and there exist no circumstances under which torture may be justified. According to the case-law of the European Court of Human Rights in Strasbourg, the state, regardless of complainant’s attitude, may not evade compliance with this prohibition, even at times of war or any other threat to national security4. Regular unannounced visits to places of detention are considered one of the most effective measures to prevent torture and other prohibited forms of treatment of detained persons. The visits, which constitute a preventive pillar of the protection of rights of such persons, are supplementary to the responsive protection of persons in detention, provided by the European Court of Human Rights in Strasbourg. The reason for introducing the ongoing monitoring of places of detention is the fact that detained persons are exposed to the risk of abuse of various types. Instances of abuse may result, among others, from the state’s penal policy, insufficient financial resources for ensuring appropriate conditions, inadequate preparation of staff working in places of detention or the lack of proper supervision. There is, therefore, a deep reason behind the existence of the mechanism of regular visits to places of detention which is considered one of the most effective measures for preventing torture and other prohibited forms of treating persons deprived of their liberty. The Republic of Poland is one of 88 States-Parties that have ratified or acceded to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment5 (hereinafter referred to as the OPCAT or Protocol), adopted by the United Nations General Assembly in New York on 18 December 2002. Poland is also one of 67 countries that have established their National Preventive Mechanisms. The objective of the Protocol has been to introduce a system of regular visits undertaken by independent bodies to places where people are deprived of their liberty. At the international level the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has been established. At the national level, each State-Party is required to establish its National Preventive Mechanism. These measures are intended to prevent torture and other cruel, inhuman or degrading treatment or punishment. 4 5 Case Ireland vs. the United Kingdom, judgment of 18 January 1978, application no. 5310/71 Dz. U. (Journal of Laws) of 2007, No. 30, item 192 6