ODIHR Opinion on Definition of Torture and its Absolute Prohibition in Polish Legislation ANNEX I: EXTRACTS FROM THE RELEVANT LEGISLATION 1. The Constitution of Constitution of the Republic of Poland (Dz.U. 1997, poz. 483) Article 40 No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited. 2. The 2016 Penal Code of the Republic of Poland (Dz.U. 2016 poz. 1137) Article 118 a § 2. Whoever, while taking part in a mass attack or even in one of reoccurring attacks against a group of people, organized in order to implement or support policy of a state or an organization: […] 3) uses torture or subjects a person to cruel or inhumane treatment, […] shall be subject to the penalty of the deprivation of liberty for a minimum term of 5 years or the penalty of deprivation of liberty for 25 years. Article 123 § 1. Whoever, in violation of international law, commits the homicide of 1) persons who surrendered, laid down their arms or lacked any means of defence, 2) the wounded, sick, shipwrecked persons, medical personnel or clergy, 3) prisoners of war, 4) civilians in an occupied area, annexed or under warfare, or other persons who are protected by international law during warfare, shall be subject to the penalty of the deprivation of liberty for a minimum term of 12 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life. § 2. Whoever, in violation of international law, causes the persons specified under § 1 to suffer serious detriment to health, subjects such persons to torture, cruel or inhumane treatment, makes them even with their consent the objects of cognitive experiments, uses their presence to protect a certain area or facility, or armed units from warfare, or keeps such persons as hostages shall be subject to the penalty of the deprivation of liberty for a minimum term of 5 years or the penalty of deprivation of liberty for 25 years.’ Article 246 A public official or anyone acting under his orders for the purpose of obtaining specific testimony, explanations, information or a statement, uses force, unlawful threat, or otherwise torments another person either physically or psychologically shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years. Article 247 § 1. Whoever torments either physically or psychologically a person deprived of liberty shall be subject to the penalty of deprivation of liberty for a term of between 3 months to 5 years. § 2. If the perpetrator acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for term of between 1 and 10 years. § 3. A public official who, despite his duties, allows the act specified in § 1 or 2 to be committed, shall be subject to the penalty specified in these provisions. 15