Part I
Furthermore, the NMPT analysed final court judgments issued in the
period 2008–2015 on cases relating to crimes provided for under Article
246 of the Penal Code108. The analysis showed that in that period, thirty three
police officers were sentenced in twenty two cases for the use of violence in
order to obtain information from detainees. In 2016, 9 other police officers
were convicted for the same offence under 6 other judgments109 It should
be emphasized that, in most cases, torture was used by one or more police
officers who intentionally used physical or psychological violence to extort
testimony from detainees, to force them to plead guilty or to obtain information from them.
In view of the above, in 2016 the CHR continued to exchange correspondence110 with the Minister of the Interior and Administration with regard to
the document entitled Strategy against human rights violations by police
officers, adopted by the Ministry and the National Police Headquarters on
11 March 2015 (hereafter referred to as the Strategy). The document covers
10 subjects relating to the work of police officers:
• disciplinary and criminal proceedings against police officers, and consideration of complaints against police officers;
• introduction of new evidence gathering solutions;
• building an environment conducive to professionalism at work;
• change of attitudes and ways of thinking, educational activities;
• police human resources;
• psychological support;
• mechanisms for officers’ work evaluation;
• in-depth comprehensive research on the problem of aggression in the
police;
• cooperation with other entities;
• impact on the society, and support to victims.
In his intervention of 18 May 2016, the Commissioner expressed his concern that the Strategy, in its important area of disciplinary proceedings and
complaints against police officers, is not properly implemented111. However,
he appreciated the intention to coordinate the activities of the police and
Article 246 of the Penal Code: A public officer or any other person acting under his orders, who uses
force, unlawful threat, or otherwise torments another person, either physically or psychologically, for the
purpose of obtaining specific testimony, explanations, information or a statement shall be subject to the
penalty of deprivation of liberty for a period from 1 to 10 years.
109
More information on the issue is available from Chapter Cases of torture identified by the courts in 2016.
110
CHR’s general intervention of 28.10.2015 to the Ministry of Interior, ref. no. KMP.570.24.2015.
111
CHR’s general intervention of 18.05.2016 to the MIA, ref. no. KMP.570.24.2015.
108
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