Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
Polish sign statements drawn up in that language47; lack of guides for foreigners on
the rights of persons deprived of their liberty48.
4. Right to file complaints, requests, applications
In general, the opinion of the representatives of the Mechanism on providing prisoners with the possibility to exercise one of their basic rights was positive.
During the visit in 2014, the representatives of the NPM continued to verify the way
the prisoners were informed of the result of their requests and applications. Unfortunately, the Ordinance of the Minister of Justice was still commonly breached.
The breach consisted in providing oral rather than written replies to requests and
applications which were not considered immediately after being filed49.
5. Right to contact with the outside world
During the visits, the representatives of the NPM found that seven establishments lacked separate rooms where the reward stipulated in Article 138 § 1(3) of the
Executive Penal Code, i.e. a visit in a separate room without any supervising person
present, could be provided50. The lack of such a room in an establishment means
that this reward cannot be granted, even if inmates meet criteria for obtaining it.
A recommendation was made to assign such rooms in all places lacking them.
6. Living conditions
Adjustment of establishments to the needs of persons with disabilities was
a key issue when verifying living conditions in pre-trial detention centres and prisons last year. Since such persons may also serve imprisonment in penitentiary
establishments, the representatives of the NPM recommend adjusting at least one
residential cell (in particular for a person in a wheelchair). Only four establishments
of those visited in 2014 were provided with cells and bath space adjusted to the
needs of persons with disabilities51. Unfortunately, the adjustment of the identified
establishments amounted only to a residential cell itself. However, their infrastructure outside cells lacked necessary adjustments to enable persons with disabilities
to exercise their rights as prisoners (right to visits, right to a walk, right to religious
practices, right to cultural and educational classes).
PTDC in Warsaw-Białołęka, Pr in Potulice, PTDC in Międzyrzecz, Pr No 1 in Strzelce Opolskie.
PTDC in Warsaw-Białołęka, PTDC in Łódź, EW in Bemowo.
49
PTDC in Warsaw-Białołęka, PTDC in Bielsko-Biała, EW in Bemowo, PTDC in Tarnowskie
Góry, PTDC in Kraków-Podgórze, Pr in Lubliniec, Pr in Kamińsk, Pr in Łowicz.
50
PTDC in Bielsko-Biała, PTDC in Sosnowiec, EW in Bemowo, PTDC in Zabrze, PTDC in
Tarnowskie Góry, Pr in Zamość, Pr in Potulice, PTDC in Międzyrzecz, PTDC in Łódź.
51
Pr in Potulice (two cells), PTDC in Międzyrzecz (one cell), PTDC in Warsaw-Służewiec (five
cells), Pr No 1 in Strzelce Opolskie (one cell).
47
48
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