Places visited by the National Preventive Mechanism in 2011
b) Treatment of prisoners
During individual talks, the majority of prisoners stated that the officers treated them
well. They denied when asked if the Prison Service officers infringed their personal inviolability or treated them inappropriately. They also did not witness such prohibited behaviour
towards other inmates. Complaints concerned some officers from the security department
who, according to complainants, did not address the detainees politely and in the appropriate form (addressing them by surnames or calling them by first name) (Pre-Trial Detention
Centre in Grójec, Prison in Nowy Wiśnicz, Prison in Tarnów – Mościce, Prison in Jasło,
Pre-Trial Detention Centre in Olsztyn, Prison in Uherce Mineralne, Prison in Sieradz). It
must be remembered that pursuant to Article 27 of the Act of 9 April 2010 on the Prison
Service36, in contacts with prisoners the Prison Service officers and employees must respect
their rights and dignity. The requirement to enforce penalties, means of punishment, security and preventive measures with respect for human dignity is also stipulated in Article 4
of the Executive Penal Code37. Furthermore, pursuant to Principle 1 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment38, all
persons under any form of detention or imprisonment shall be treated in a humane manner
and with respect for the inherent dignity of the human person.
Many negative opinions concerning widely understood treatment by the Prison Service officers were recorded in the Prison in Tarnów-Mościce. Prisoners most often complained about being treated by officers in a provocative manner. They claimed that inmates
working in waste disposal were referred to as “waste collectors” which in their opinion
violates their dignity. According to the prisoners, provocative treatment and addressing
the detainees in a vulgar and degrading way took place in particular during the searching
of cells. It must be emphasized that pursuant to Rule 54.3 of the European Prison Rules39,
staff shall be trained to carry out these searches in such a way as to detect and prevent any
attempt to escape or to hide contraband, while at the same time respecting the dignity of
those being searched and their personal possessions. According to Rule 54.4, persons being
searched shall not be humiliated by the searching process. Another inconvenience reported
by the prisoners was the fact that four assemblies were convened in a single day. The prisoners emphasized that such a large number of assemblies, together with the fact that the
first one was organised at 5 am, disorganised the day and caused unnecessary nervousness.
According to the explanations of the director, four assemblies are necessary to count the
prisoners when shifts change and results from the system organising the prisoners’ leaving for work. According to employees of the National Preventive Mechanism, the fact
that some prisoners go to work cannot be the reason for waking up all the prisoners,
since they must have ensured undisturbed sleep at night-time. The presented practice
Dz. U. of 2010 No 79, item 523, as amended.
Dz. U. of 1997 No 90, item 557, as amended.
UN General Assembly Resolution 43/173 of 9 December 1988.
39
Recommendation Rec(2006)2 of the Committee of Ministers to member states of the Council of Europe on the European
Prison Rules.
36
37
38
31
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