CAT/OP/POL/ROSP/1 (a) Remand detainees be kept separate from convicted prisoners, with reference also to article 10 (2) of the International Covenant on Civil and Political Rights; (b) Persons detained for civil offences be kept separate from persons detained for criminal offences. 4. Alternatives to detention 40. The delegation learned that the police were required to detain persons when there was a warrant issued in relation to the non-payment of fines. The monetary burden on the State in such cases is higher than using non-custodial or alternative measures to deal with conflicts with the law. 41. The Subcommittee recommends that the State party consider the application of non-custodial or alternative measures to the detention of persons for the non-payment of fines. 5. Staff-related issues 42. The Subcommittee is concerned at the noted staff shortage affecting both police and penitentiary institutions. The number of vacancies may not be in reasonable proportion to the number of staff required. Salaries are low, which contributes to the difficulties in the recruitment of new staff. 43. The Subcommittee recommends that the State party conduct an evaluation on the number of staff required in the professional service of the police and penitentiary institutions. The Subcommittee further recommends that the State party ensure that salaries are commensurate with the qualifications required and responsibilities entrusted to these occupational groups, in order to ensure that they are properly motivated, as an overall preventive measure. IV. Situation of persons deprived of their liberty A. 1. Police Ill-treatment 44. The Subcommittee notes as positive the approval, as indicated by the Ministry of the Interior and Administration, of a strategy of actions targeting the prevention of human rights violations by police officers by the State party. Of those persons interviewed by the delegation, who were or had recently been in police custody, the great majority stated that they had not been mistreated by the police. However, the delegation heard several allegations of ill-treatment inflicted during the initial phases of arrest and investigation by police in certain police stations, the credibility of which were consistent with the delegation’s own observations. For example, at a police station in Krakow, the delegation interviewed a detainee who alleged he had been beaten during interrogation. Upon examination by a medical member of the delegation, the detainee was found to display a violent dark-blue haematoma on the outer corner of the right eye, with bluish discoloration under the eye and small red excoriation above the right eyelid; a reddish-blue haematoma, 3 x 2 cm in size, in the middle of the outer side of the left thigh. The injuries observed were consistent with the allegations of the detainee and typically produced by hitting with a blunt force object. 45. Such ill-treatment involved excessive use of force not only during the course of apprehension, but also after the person was brought under control, as well as in the form of beatings during interrogation in custody. The Subcommittee is concerned that the initial questioning, during which ill-treatment is most likely to occur, tends to take place in the administrative offices of the police interrogators, which do not have recording equipment available. 46. The Subcommittee recalls that any type of violence against persons deprived of liberty must be strictly prohibited as it constitutes a form of ill-treatment. Allegations should trigger prompt and impartial investigations by an independent national 8

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