of inmates of pre-trial centres and therapeutic facilities98. Visits conducted in 2019 confirm that the
situation has not improved99.
SPT
Programmes of activities for inmates play an important role in ensuring security and
wellbeing of inmates and prison officers. Forced idleness increases tensions in prison
and may have serious consequences to inmates’ health and wellbeing, as well as to future re-integration after leaving the prison. Total idleness forced on prisoners in the
long term may be deemed a manifestation of inhuman treatment100.
It is recommended that the State Party takes measures aimed at further increasing
a possibility to work for prisoners and ensuring that paid work is available for all the
inmates, including those kept in pre-trial detention centres, while making sure that no
inmate is forced to work at the same time101.
Location of sinks outside toilet zones
In some penitentiary facilities sinks in cells were located outside a toilet zone without any separator from the remaining part of the cell.
According to § 29.1 of the Ordinance of the Minister of Justice of 21 December 2016 defining regulations for enforcing a penalty of imprisonment102 and §34 of the Ordinance of the Minister of Justice of
21 December 2016 r. defining regulations for enforcing pre-trial arrest103, necessary sanitary appliances
in a prison cell should be located so that an inmate can use them without embarrassment. A sink is
commonly regarded a necessary sanitary appliance, so it should also be located so that an inmate
can use it without embarrassment. The understanding of the minimum needs of the inmates in this
scope is also demonstrated by the wording of §3.7 of Guidelines no 3/2011 of Director General for the
Penitentiary Service of 4 October 2011 on technical and security requirements for inmates accommodation
buildings, which provides that a toilet zone in a cell shall include a WC and a sink which are connected to water supply/sewage discharge system. The method of toilet zone construction must fulfil
the requirement of ensuring intimacy during the use of the toilet facilities. Gravity ventilation – separate for the toilet zone and for the rest of the cell – must ensure appropriate air circulation. According
98
99
100
101
102
103
More information concerning the observance of the rights of inmates of pre-trial detention centres can be
found in the NMPT thematic report Visits of the NMPT to therapeutic units for individuals suffering from non-psychotic mental disorders or mentally handicapped and units for those temporarily arrested which is available at the NMPT website in a bookmark Annual Reports and Publications.
See a Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018.
SPT Report on a visit to Benin, CAT/OP/BEN/1, paragraph 273.
SPT Report on a visit to Poland, CAT/OP/POL/ROSP/1, paragraph 87.
Journal of Laws (Dz. U.) of 2016, item 2231.
Journal of Laws (Dz. U.) of 2016, item 2290.
Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019
45
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