In 2019, the Commissioner for Human Rights conducted two visits in order to investigate the situation of inmates suffering from chronic physical disorders93. Results of the investigation were included in an Intervention of the Commissioner for Human Rights to Director General of Penitentiary Service94. It was underlined in the intervention that penitentiary facilities lack appropriately trained teams of specialists having broad medical experience and they lack appropriate medical equipment. The facilities lack places adjusted to special accommodation and treatment needs of such inmates. Moreover, personnel of the facilities do not engage such inmates in stimulating activities, the lack of which leads to aggravating apathy and further dependence on other inmates. A need was pointed out to take account of specific needs of such inmates, especially the needs related to the inmates’ age and health condition, which results from a rule of individualized treatment as defined in Article 67 of the Code of Enforcing Judgments in Criminal Cases. In the CHR’s opinion, some of the inmates suffering from chronic physical disorders should not be imprisoned. If, however, there are objective constraints which make it impossible to release them, one should ensure that the conditions of imprisonment ensure security of their human dignity. In his response, the Director General of the Penitentiary Service indicated that the problem invoked by the CHR is well-known to the Penitentiary Service which provides necessary medical healthcare and treatment within the limits of funds allocated to it from the state budget and within the possibilities constrained by those funds. The Penitentiary Service struggles with a lack of funds and insufficient number of healthcare professionals, including nurses, as well as with insufficient collaboration of non-penitentiary entities. The NMPT wishes to underline that attempts to cope with the problem concerned at the level of ordinary penitentiary facilities by means of engaging inmates to take care of the fellow inmates struggling with reduced physical capacity are only an ad hoc solution which has been challenged by the European Court of Human Rights in the past. ECHR Participation of fellow inmates in everyday hygiene, dressing and undressing of disabled inmates must cause their anxiety and make them feel inferior in front of their fellow inmates 95. It is unacceptable to imprison individuals suffering from serious physical disorders in the conditions which are inappropriate to their health condition or to leave those individuals to be dependent on fellow inmates for showering, dressing or undressing. This is a humiliating treatment96. 93 94 95 96 KMP.571.2.2019.JJ; KMP.1.2019.TG. IX.517.532.2019. Judgment in the case Farbtuhs versus Latvia of 2 December 2004, complaint no 4672/02. Judgment in the case D. G. versus Poland of 12 February 2013, complaint no 45705/07. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 43