CAT/OP/POL/ROSP/1 production and distribution of materials on the mandate and the activities of the mechanism to persons deprived of their liberty, public authorities, civil society organizations, lawyers, members of the judiciary and the general public; and (d) include the mechanism in training programmes for law enforcement bodies. III. Overarching issues Legal and institutional framework for the prevention of torture 1. Definition and criminalization of torture 34. The Subcommittee takes note of the statement of the authorities that the Convention is directly applicable in Poland. While noting the general prohibition of torture contained in article 40 of the Constitution adopted in 1997, and also noting that articles 246 (on unlawful duress to obtain a statement) and 247 (on the use of physical or mental cruelty on a prisoner) of the Criminal Code criminalize actions that would amount to torture, the Subcommittee expresses concern that the crime of torture is not specifically defined and fully criminalized in the State party’s legal system. The Subcommittee has taken note of the political commitment of Poland, made during its third universal periodic review, to consider incorporating in its legal order the definition of torture according to international standards. 13 The Subcommittee notes that the Ministry of Justice started an analysis of whether torture should be included in the Penal Code. 14 The Subcommittee notes as positive that in April 2018 the Deputy Commissioner for Human Rights requested the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe to review the State party’s domestic legislation in relation to the definition of torture.15 35. The Subcommittee recommends that torture be made a distinct criminal offence, defined in accordance with articles 1, 2 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and that acts of torture and ill-treatment be made punishable by penalties commensurate with their gravity. 36. In addition, the Subcommittee recommends that the State party provide specific training to judges and prosecutors on the provisions of the Convention and its Optional Protocol. 2. Disconnect between the law and implementation 37. The Subcommittee notes the comprehensive legal framework in the field of torture prevention, which is largely adequate. The existing legal safeguards against torture and illtreatment and the legal protection of the rights of persons deprived of their liberty generally correspond to international standards. However, the Subcommittee is concerned about the significant gap between the legal framework and its application in practice, as many legal protections did not appear to be implemented consistently, both in prisons and in police stations. 3. Separation of categories 38. The Subcommittee is concerned that sentenced inmates and persons awaiting trial are sometimes placed in the same ward (e.g. in Kielce Remand Prison and Krakow Remand Prison), or even housed in the same cell (e.g. in Wrocław Prison 1). In addition, in Wrocław Prison 1, the delegation witnessed that women detained for civil offences were kept in the same cell with those detained for criminal offences. 39. In line with rule 11 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), the Subcommittee recommends that the State party ensure that different categories of inmates are kept in separate parts of an institution, in particular that: 13 14 15 A/HRC/36/14/Add.1, recommendation 120.81. CAT/C/POL/7, para. 3. OSCE Office of Democratic Institutions and Human Rights. “Opinion on definition of torture and its absolute prohibition in Polish legislation”. Opinion-Nr.: CRIM-POL/325/2018. Available at www.osce.org. 7