renovations. As every renovation involves excluding the renovated cells from the
use, which results in transferring inmates to other rooms.
¾ The National Prevention Mechanism takes the view that the presence of an official
not practising the medical profession in the course of providing health services to
the inmate in each case should be of an exceptional nature and take place only when
the security of the person providing health services requires so. In connection with
that, the Mechanism recommends that the provision of health services should take
place out of hearing and sight range of the prison service officers. Otherwise, the
right to privacy and respect for dignity of inmates as well as the right to medical
secrecy are violated.
¾ In terms of contacts with the outside world, NPM has repeatedly recommended the
abolition of the total prohibition of telephone conversations of the persons detained
in pre-trial custody with their lawyer or agent being a solicitor or legal adviser in
the absence of other persons and allowing to have such talks with due respect for
confidentiality and without limiting the frequency of contacts.
¾ The establishment should enable, at the inmate's request, performance of HIV tests
and a sufficient prerequisite for performance of such a test is the inmate's will,
without any necessity to justify it with any medical indications.
¾ NPM also recommended provision of the appropriate living conditions mainly in
the field of: separation of the sanitary facilities and installing separate lighting
systems in them, equipping bunk beds with ladders and safeguards or replacement
of beds with other (whose structure guarantees the safety of the inmates), separation
of rooms to carry out personal checks, adaptation of the conditions in the cells and
baths to the needs of persons with disabilities.
¾ During the preventive visits, it was noted that there were cases of placing in one cell
of inmates with various classification subgroups (eg. P-1 with P-2 and P-3, R-1 with
R-2 and R-3). This practice, in the National Preventive Mechanism's opinion, also
requires verification as it leads to unjustified restriction of the rights of persons
qualified by the Penitentiary Commission to serve their sentence in half-open or
open prisons.
¾ The Mechanism representatives also postulated providing the foreigners with access
to the organizational and order rules, translated into foreign languages, and
regarding serving the custodial sentence and provisional detention together with the
extract from the provisions of the Executive Penal Code. The National Preventive
Mechanism also suggested that the inmates should be informed (e.g. within the
framework of cultural-educational activities) about the legal and practical effects of
judgments of the Constitutional Court and European Court of Human Rights in
cases which directly refer to persons deprived of liberty.
¾ In connection with elimination of day rooms and their transformation into cells, an
important issue appeared, regarding a limited offer of cultural and educational
activities in penitentiary establishments. Each time, the National Preventive
Mechanism recommended intensification of cultural and educational activities as
well as providing the inmates with a possibility to make use of sport activities
outside the hours intended for a daily walk.
¾ Following the visits carried out, NPM requested to separate and equip a room for
visits in a separate room, without any supervising person. The lack in the
establishment of a room for the implementation of such an award, as provided for in
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