Part I
the provision of Article 35 of the Regulation of the Minister of Justice of
23 June 2015 on administrative activities related to the enforcement of pretrial detention sentences as well as penalties and coercive measures resulting
in deprivation of liberty, and on documenting such activities19. According to
that provision, every person admitted to a penitentiary establishment, whose
health condition poses an immediate risk to the person’s life or health, or who
is 28 months pregnant or beyond, should be immediately provided with appropriate medical care. The regulation previously in force20 provided that
a person in need of immediate medical care could not be admitted to a penitentiary establishment due to the existence of immediate risk to his/her life
or health. The previous solution took into account the limited capacity of
the penitentiary health care system which is unable to offer medical services
as comprehensive as those provided by the general health care system. The
current solution, in the opinion of the NMPT, may pose a serious threat to
the health or lives of persons admitted to penitentiary establishments.
As indicated last year, the arguments and serious objections to the newly
introduced regulation, which were expressed by the Commissioner for Human Rights and by Prof. J. Heitzman, Vice-President of the Polish Psychiatric Association, were not taken into account by the Ministry of Justice.
Therefore, there still remains the risk that a mentally ill person, for example
with acute psychosis, may be admitted to a penitentiary unit. The NMPT’s
employees will pay particular attention to the monitoring of the impact of
the new regulations.
2. Living space per prisoner in a prison cell
The issue is one of the most acute problems encountered with regard to
living conditions in visited prisons and pre-trial detention centres. The living
space per person in a prison cell/detention centre cell meets the minimum
formal requirements set out in the national legislation (i.e. 3 m² per person).
However, it is necessary to guarantee at least 4 m² of living space per prisoner/detainee in a cell in a penitentiary establishment. On 24 May 2016,
the CHR submitted a general intervention to the Minister of justice with
regard to the issue, requesting relevant legislative changes21. The current 3m²
standard existing in Poland is, in the Commissioner’s opinion, non-compliant with the international standards, Poland’s international obligations,
Dz. U. of 2015, item 927.
Dz. U. of 2012, item 1153.
21
CHR’s general intervention to the Minister of Justice of 24.05.2016, ref. no. KMP.571.5.2016.
19
20
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents