INTRODUCTION
Another annual Report of the Commissioner for Human Rights on the activities of the National
Mechanism for the Prevention of Torture in Poland shows serious problems of legal nature as well
as disturbing practices employed against persons remaining in places of detention by bodies which,
in principle, should guard human rights. The report constitutes an illustration of the operation
of places of detention, their weaknesses but also best practices. Yet, best practices constitute only
a small fragment of this document. The NMPT draws our attention to areas that require immediate
remedial actions. In that context we write about the ill-treatment of persons residing in places of
detention, violating their dignity as a result of, inter alia, disproportionate use of means of direct coercion, improperly conducted personal searches, lack of access to a doctor, failure to provide sufficient
area per detainee in a residential cell as prescribed by international standards and other oppressive
actions which bring about regress in the conduct of persons in places of detention and run counter
to the contemporary principles of rehabilitation.
The Report of the Commissioner of Human Rights on the activities of the National Mechanism for
the Prevention of Torture reveals, therefore, the weakest points in the operation of places of detention, demonstrating that the fundamental safeguards against ill-treatment and torture fail. The fact
that the definition of torture is not included in the Criminal Code creates a sense of a mild treatment
of the perpetrator. The failure to register official duties carried out by officers in relation to persons deprived of their freedom limits preparatory inquiries and gives rise to the belief that the conduct of the Police and prison service is beyond control. Lack of access to a lawyer from the moment
of apprehension through later stages of the proceedings restricts the right to defense of the person
who is, de facto, deprived of liberty. Unavailability of a doctor, in turn, violates the right of the detained
to guarantees related to the protection of their health, which, upon deprivation of liberty, should be
executed by the state. For all those reasons, apart from presenting the national point of view, it is also
important to follow international standards which constitute a significant reinforcement not only for
the activities of all NMPT but also for all places of detention.
Reports of international organizations demonstrate dysfunctions in the operation of state institutions which often lead to major breaches of fundamental rights of persons remaining in isolation. Reports of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment (CPT), final observations of the UN Committee against Torture (CAT) or a report accompanied
by the recommendations of the UN Subcommittee on on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) create a consistent picture of problems which still
need to be solved. Over the last 30 years, the CPT conducted hundreds of visits to member states,
held numerous meetings with representatives of national institutions with respect to the implementation of recommendations associated with the prevention of torture and inhumane treatment. The
CPT is implementing the procedure of automatic publication of documents related to inspection visits, which the CHR in Poland argued for on multiple occasions. In 2019 the CPT paid the first ad hoc
6
PREAMBLE