CAT/OP/POL/RONPM/1
assessment tool for national preventive mechanisms (CAT/OP/1/Rev.1). The
Subcommittee recommends that the mechanism develop an annual plan of work,
which should include all preventive activities. In this connection, the mechanism needs
to formulate short- and long-term strategies in order to strengthen the protection of
persons deprived of their liberty.
32.
During the joint visits with the mechanism, the Subcommittee noted that the staff
members of the office of the ombudsperson were well perceived by the police officers, and
that the staff members had access to all the premises and to all the information they
requested. In the course of joint visits and during the meetings with the relevant authorities,
however, it was revealed that little was known about the mechanism per se. The mechanism
lacks visibility and there may be a lack of understanding of its role vis-à-vis the office of
the ombudsperson. The Subcommittee notes that there is very little knowledge of the
mechanism among relevant stakeholders, including persons deprived of their liberty, public
authorities and other State-monitoring bodies and civil society actors.
33.
The communication and coordination between the mechanism and civil society
representatives also needs to be improved. Taking into consideration that the mechanism
only has limited resources and given the vast number of places of detention in Poland, the
mechanism is encouraged to cooperate more often with representatives of civil society.
34.
The Subcommittee recommends increasing the visibility of the mechanism as a
body undertaking preventive work, including through activities that raise awareness
of the Optional Protocol and the mechanism’s mandate. The mechanism should
undertake activities to increase the awareness of the general public, and especially
persons deprived of their liberty, about its mission and mandate, making it clearly
distinct from the mandate of the office of the ombudsperson. The mechanism should
also engage in legislative processes and advocacy, which mechanisms are encouraged
to undertake under article 19 of the Optional Protocol, as this will increase its overall
visibility. The Subcommittee also recommends that the mechanism engage in outreach
activities and other events, as appropriate.
35.
The Subcommittee further recommends elaborating and distributing additional
materials on the mandate and activities of the mechanism to personnel and detainees
in places of deprivation of liberty and to civil society at large in order to increase the
visibility of the mechanism and enhance understanding about its mandate.
36.
In addition, the Subcommittee recommends that the mechanism engage more
directly and independently with civil society organizations, including, at a minimum,
through the increased participation of civil society organizations in visits and internal
training of the mechanism and in dialogues held by the mechanism with the
authorities.
B.
1.
Recommendations on methodological issues relating to visits
Preparation and carrying out of visits
37.
The Subcommittee noted that the joint visit had been well organized: a detailed
methodology had been prepared and shared with the Subcommittee delegation, and the
objectives seemed to have been identified in advance. The initial and final talks with the
administration of the police station were well structured and were conducted in a
constructive environment. The mechanism handed out to the administration of the police
station relevant papers regarding the collecting and handling of personal data in a
professional manner.
38.
The Subcommittee noted, however, that the visiting team had not actually followed
the prepared plan or the methodology. The Subcommittee is aware of the fact that it was the
first visit of the mechanism to this type of institution; however, the team should have spent
less time talking to the officers and moving around with the whole team, answering
questions about general issues that could have been clarified before the visit. Furthermore,
the representatives of the office of the ombudsperson should have dedicated more time to
conducting interviews with detainees rather than obtaining information from the officers.
The mechanism needs to be more tactical and reactive in relation to the information
provided by the police officers, such as about movements and transfers, and to take
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