Report of the CHR on the Activities of the National Preventive Mechanism in Poland 2014. He indicated that the owner of penitentiary establishments, i.e. the State Treasury, might sell land in city centres, which is currently occupied by some establishments28, and allocate obtained funds for the construction of modern and spacious penitentiary establishments with a decent sports and recreation base. Operating a modern establishment would cost less than maintaining worn-out old buildings. The National Preventive Mechanism assumes that authorities should thoroughly consider this solution both from an economical point of view and in terms of ensuring that prisoners have proper conditions for their rehabilitation or appropriate social and living conditions. 5) Living conditions The Commissioner for Human Rights considers insufficient space per person deprived of liberty (3 m2 of living space) as the main problem related to living conditions and recommends to increase it to at least 4 m2 per person. The direction of the proposed changes is due to standards and international obligations assumed by Poland, CPT and CAT recommendations as well as the case law of the ECHR. The proposed space is also a common standard in most European countries. Cell living space per prisoner in France varies from 4.7 to 9 m2, in the UK – from 4.5 to 7 m2, Spain – from 9 to 10 m2, while in Italy – from 7 to 9 m2. The CPT recommendation addressed to national authorities, setting 4​​ m2 as a minimum standard of living space per prisoner has already been included in a report on the visit made by the Committee to Poland between 30 June and 12 July 199629. The CPT formulated this recommendation in every subsequent report and indicated that the standard of 3 m2 applicable in Poland does not provide satisfactory living space, in particular in relatively small cells. The Committee called on authorities to respect the minimum standard30 referred to above. Also the Committee Against Torture (CAT), in considering the 5th and 6th periodic report of Poland on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, pointed out that the standard of 3 m2 per person applicable under Polish law is inconsistent with the European standard of at least 4 m2 per person. A report of the CPT, entitled Living space per prisoner in prison establishments, published on 15 December 2015, recommends that the Polish authorities apply the standard of 4 m2 of residential cell space per prisoner which is the minimum standard to be ensured by a State for persons deprived of their liberty in terms of social conditions of imprisonment. The CHR’s attention was also drawn by the Judgment of the Court of Justice of the European Union in Luxembourg of 5 April 2016, which was rendered in the joined cases of Pál Aranyosi and Robert Căldăraru31, in connection with a preliminary ruling of a German Ibid., p. 8. Most penitentiary establishments are worn out. A large part of them are historical, constructed even in the 19th, rather than 20th century. Three new penitentiary establishments were constructed in the post-war history of Poland. Cf. § 70 of the report [CPT/Inf (98) 13]. 30 Cf. § 61 of the report [CPT/Inf (2002) 9]; § 46, 64, 87, 101, 111 and 154 of the report [CPT/Inf (2006) 11]; § 82, 83, 99, 103 and 106 of the report [CPT/Inf (2011) 20]. 31 Cf. judgment in the joint cases of C-404/15 and C-659/15 PPU. 28 29 18