CAT/OP/POL/RONPM/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, carried out its first regular visit to Poland from 8 to 19 July 2018. Poland
ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment on 26 July 1989, and its Optional Protocol on 14 September 2005.
2.
The Subcommittee members conducting the visit were: Aisha Shujune Muhammad
(head of delegation), Mari Amos, Marija Definis-Gojanovic, Daniel Fink, Petros
Michaelides and Zdenka Perović. The Subcommittee was assisted by three human rights
officers from the Office of the United Nations High Commissioner for Human Rights
(OHCHR), two United Nations security officers and four interpreters.
3.
The principal objectives of the visit were to:
(a)
Visit a range of places of deprivation of liberty in order to assist the State
party in fully implementing its obligations under the Optional Protocol to strengthen the
protection of persons deprived of their liberty from the risk of torture and ill-treatment;
(b)
Provide advice and technical assistance to the national preventive mechanism
and to consider the extent to which the regional and national authorities were supporting its
work and responding to its recommendations, taking account of the Subcommittee’s
guidelines on national preventive mechanisms (CAT/OP/12/5).
4.
The Subcommittee held meetings with officials and other persons (see annex I) and
visited places of deprivation of liberty (see annex II). Interviews were conducted with
persons deprived of their liberty, law enforcement and detention officers, medical personnel
and others. Meetings were held with members of the national preventive mechanism, which
permitted the Subcommittee to examine the mechanism’s mandate and working methods
and to consider how best to improve its effectiveness. In order to better understand how the
mechanism works in practice, the Subcommittee also visited, together with the mechanism,
two places of deprivation of liberty, one chosen by the mechanism and one by the
Subcommittee (see annex III). The first visit was led by a representative of the mechanism,
with the members of the Subcommittee as observers, and the second visit was led by the
Subcommittee, with the representative of the mechanism observing for the most part.
5.
At the end of the visit, the delegation presented its confidential preliminary
observations orally to the Government and the national preventive mechanism.
6.
The present report sets out the recommendations and observations of the
Subcommittee addressed to the national preventive mechanism of Poland. These
recommendations are made in accordance with the Subcommittee’s mandate to offer
training and technical assistance and to advise and assist the mechanism, in accordance
with article 11 (b) (ii) and (iii) of the Optional Protocol.
7.
The Subcommittee will send a separate confidential report to the authorities in
which it will make specific recommendations to the State party.
8.
The present report will remain confidential until such time as the national preventive
mechanism of Poland decides to make it public in accordance with article 16 (2) of the
Optional Protocol. The Subcommittee firmly believes that the publication of the present
report would contribute positively to the prevention of torture and ill-treatment in Poland.
9.
The Subcommittee recommends that the national preventive mechanism of Poland
request the publication of the present report in accordance with article 16 (2) of the
Optional Protocol.
10.
The Subcommittee draws the attention of the national preventive mechanism to the
Special Fund established under article 26 of the Optional Protocol. Only recommendations
contained in those Subcommittee visit reports that have been made public can form the
basis of applications to the Fund, in accordance with its published criteria.
11.
The Subcommittee wishes to express its gratitude to the national preventive
mechanism for its help and assistance relating to the planning and undertaking of the visit.
3