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
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