Places visited by the National Preventive Mechanism in 2011
Mineralne Prison, Olsztyn Pre-Trial Detention Centre), however, some of them had cells
adjusted to the needs of the disabled (Grójec Pre-Trial Detention Centre, Sieradz Prison).
Such adjustment, however, was limited to a cell which had a sanitary “corner” for a disabled person, and to a special place in the bath suitable for a wheelchair. There were no
facilitations for using the stairs to individual parts of the establishment, and the appropriate width of doors and entrances was not ensured. Meanwhile, the European Court
of Human Rights in Strasbourg decided in its judgement of 2006 in the case Vincent vs.
France75 that placing a disabled person in a prison where they cannot move around, and
in particular leave the cell on their own, constitutes degrading treatment within the meaning of Article 3 of the European Convention on Human Rights. Therefore, the Mechanism
recommended that the infrastructure of penitentiary establishments be adapted to the
needs of the disabled.
In their responses to the Mechanism, the directors of the visited establishments indicated that the necessary refurbishment depended on the funds received for the purpose.
However, the action plans of each establishment included the refurbishments recommended by NPM.
With reference to adjusting prisons to the needs of the disabled, the directors of all
the establishments where such adjustment was recommended informed the Mechanism
that the lack of funds prevented them from making arrangements that would facilitate the
disabled in moving around and from installing appropriate cell equipment. However, they
indicated that the adaptation of infrastructure to the needs of the disabled was planned in
2012. The head of Uherce Mineralne Prison informed the National Preventive Mechanism
that this establishment had a cell for the disabled with a separate bathing spot, and a wheelchair ramp at the entry to the building. In Łupków Prison – according to the response of
its director – disabled prisoners are sent to a subordinate External Ward in Moszczaniec
with a cell adapted to the needs of handicapped persons. A similar solution was adopted
in the Olsztyn Pre-Trial Detention Centre. According to the explanations of the director,
following a consent of the Regional Director of Prison Service for an exception from the
catchment area system, the disabled prisoner is transported to the Barczewo Prison that
has a cell fully adjusted to the needs of the disabled.
Moreover, all directors declared that bunk beds would be equipped with ladders and
appropriate security guards, as soon as the funds from superior bodies become available.
Directors of Grójec Pre-Trial Detention Centre and Nowy Wiśnicz Prison noted that
the accommodation of prisoners in transition cells and medical rooms takes place in accordance with their purpose and the legal provisions in force; moreover, he indicated that
the rules concerning statistical data, including on the capacity of units, are defined by the
Central Administration of the Prison Service.
Case No 6253/03.
75
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