Report of the CHR on the Activities of the National Preventive Mechanism in Poland 3. Issuing opinions on legal acts Issuing opinions on legal acts, both in force and drafts, is one of the forms of preventing torture and other cruel, inhumane or degrading treatment or punishment. Entitling the national preventive mechanisms to submit opinions and comments to the legal provisions to the authorities was regulated in Article 19(c) of OPCAT. In 2015, the representatives of the National Preventive Mechanism issued opinions on the following 3 drafts of legal acts, to which comments were submitted: • draft of the ordinance of the Minister of National Education on the types of detailed rules of operation of public facilities, conditions of stay between children and teenagers in these facilities and the value and rules of payments made by the parents for the stay of their children in these facilities179; • draft ordinance of the Minister of Justice on the board for persons detained in prisons and pre-trial detention centres180; • draft ordinance of the Minister of Justice on juvenile detention centres and shelters for minors181. All and any opinions were published at the website of the Commissioner for Human Rights, in the bookmark entitled the National Preventive Mechanism. 4. Problems in implementing the National Preventive Mechanism During the inspection at the Pre-trial Detention Centre in Radom, the representatives of the National Preventive Mechanisms were examined by the officers of the Prison Service at the entrance to the facility. The examination extended not only to x-raying all items brought in (including official equipment) but also to controlling clothes (it was necessary to take off belts for trousers). Moreover, the visitors were asked to use the entrance for guests, despite the fact that they performed official tasks. Therefore, they started their official tasks with delay. According to the Commissioner for Human Rights, subjecting the staff members of the Office of Commissioner for Human Rights to any inspection at the entrance to penitentiary units comprises a restriction of independence of the Commissioner for Human Rights, including while performing the functions of the National Preventive Mechanism in Poland. Therefore, on 30 March 2015 the Commissioner filed a general letter to the Minister of https://www.rpo.gov.pl/pl/content/uwagi-do-projektu-rozporz%C4%85dzenia-ministra-edukacji-narodowej-w-sprawierodzaj%C3%B3w-i-szczeg%C3%B3%C5%82owych https://www.rpo.gov.pl/pl/content/uwagi-do-projektu-rozporz%C4%85dzenia-ministra-sprawiedliwo%C5%9Bci-w-sprawiewy%C5%BCywienia-os%C3%B3b-osadzonych-w 181 https://www.rpo.gov.pl/sites/default/files/Uwagi%20do%20projektu%20rozporz%C4%85dzenia.pdf 179 180 74