Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017
Direct coercion measures should be used based on a case-by-case assessment when there
are premises justifying such an action. Those measures should be necessary for obtaining
certain objectives (the principle of necessity) and proportionate to the scale of threat and
minimization of problems (the principle of proportionality)28
The method of addressing detainees
The NMPT also had some reservations concerning the way security officers address the detained (using their surnames or on a first-name basis without the polite form - sir)29. It is
important to address persons who are dependent on us with respect. Otherwise, it is easy to
cross the line. Such conduct helps to build a positive atmosphere in the place of detention.
Promoting constructive relations between detainees and personnel, in contrast to
confrontational ones, serves the purpose of reducing tension that is present in every
prison, and hence, it significantly reduces the risk of violent incidents and associated illtreatment. In other words, the Committee would like the control and restrain measures
to be adopted in an atmosphere of understanding and care. Such an approach may –
paradoxically – increase safety on the prison premises” (CPT)30
The NMPT recommendation: Appropriate method of communicating with prisoners needs
to be ensured.
28 Article 6(1), Article 11, Article 12(1) of the Act of 24 May 2013 on the use of direct coercion measures and firearms (consolidated text: Dz. U. of 2017,
item 1120)
29 Prison in Herby
30 CPT Second General Report, CPT/Inf (92) 3, Article 45
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents