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In their response, the Polish authorities refer to instructions given to senior
police officers in the regional command offices. They also mention training on
practical aspects of the protection of human rights. As for the two specific cases
referred to in the CPT’s report, the investigations opened by the competent
Prosecutors’ Offices had subsequently been discontinued.
44. Prison overcrowding remained a problem. The CPT notes in its report the
refurbishment and expansion projects concerning various prisons and the increased
resort to alternatives to imprisonment, including the entry into force of legislation
introducing a system of electronic surveillance; the Committee encourages the
Polish authorities to pursue their efforts in this direction. Further, the Committee
recommends once again that the authorities review the norms fixed by legislation to
ensure that all prisoners are provided with at least 4 m² of living space in multioccupancy cells.
Hardly any allegations of ill-treatment of prisoners by staff were received in the
prisons visited and at Rawicz Prison in particular, the delegation observed that
relations between staff and inmates were positive. It is also noteworthy that at Rawicz
Prison, the balance of work, education and therapeutic activities offered an excellent
menu to address the needs of almost all categories of prisoners. However, in the other
establishments visited, the regime provided to inmates was unsatisfactory. As
regards in particular remand prisoners, they were locked in their cells 23 hours a day
and the almost total lack of activities combined with limited living space, poor
material conditions and restrictions on contact with the outside world and
association produced a regime which was oppressive and stultifying.
In their response, the Polish authorities undertake to involve more inmates in
organised activities.
45. Several concerns are raised in the report about recent legislation making
provision for the compulsory pharmacological treatment of sex offenders. The CPT
notes that the legislation – which entered into force in June 2010 – contains a
number of shortcomings, such as the lack of a possibility for the persons concerned
to request an independent expert opinion and the absence of periodic reviews of the
measure. Further, it became apparent during the visit that that there was a lack of
clarity concerning the implementation of the new legislation. The CPT makes
detailed recommendations spelling out safeguards that should be introduced
through a revision of the legislation. Above all, as should be the case before starting
any medical treatment, the free and informed consent of the person concerned
should be obtained prior to the commencement of anti-androgen treatment.
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