CAT/OP/POL/ROSP/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 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 the Optional Protocol on 14 September 2005.
2.
The Subcommittee members conducting the visit were: Aisha Shujune Muhammad
(head of delegation), Mari Amos, Marija Definis-Gojanović, 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, two United Nations
security officers and four interpreters.
3.
The principal objectives of the visit were (a) to 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, and (b) to provide advice and technical assistance to the
national preventive mechanism and to consider the extent to which the national authorities
are supporting its work and responding to its recommendations, taking account of the
Subcommittee’s guidelines on national preventive mechanisms. 1
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, which had been chosen by the mechanism (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
representatives of the mechanism observing for the most part.
5.
At the end of the visit, the delegation presented its confidential preliminary
observations orally to government authorities and the representatives of the national
preventive mechanism.
6.
In the present report, the Subcommittee sets out its observations, findings and
recommendations relevant to the prevention of torture and ill-treatment2 of persons deprived
of their liberty under the jurisdiction of Poland.
7.
The Subcommittee reserves the right to comment further on any place visited, whether
or not it is mentioned in the present report, in its discussions with Poland that arise from the
report. The absence of any comment in the present report relating to a specific facility or
place of detention visited by the Subcommittee does not imply that it has a positive or
negative opinion of it.
8.
The Subcommittee recommends that the present report be distributed to all
relevant authorities, departments and institutions, including but not limited to those to
which it specifically refers.
9.
The present report will remain confidential until such time as 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.
10.
The Subcommittee recommends that Poland request the publication of the
present report in accordance with article 16 (2) of the Optional Protocol.
1
2
CAT/OP/12/5.
The present report uses the generic term “ill-treatment” to refer to any form of cruel, inhuman or
degrading treatment or punishment, in accordance with article 16 of the Convention against Torture.
3