by the Association for Legal Intervention took place as part of Watch 24 project
founded by the Open Society Institute – Budapest.
An NPM representative also delivered one of the specialist training courses for
students of the Institute of Social Prevention and Resocialisation of the University of
Warsaw and the Maria Grzegorzewska Academy of Special Education as regards
monitoring of the observance of international standards concerning rights and liberties
of persons staying at Polish penitentiary establishments.
On 5 October 2010, an NPM representative participated in an annual conference
of the Organisation for Security and Cooperation in Europe, entitled Human
Dimension Sessions of the 2010 Review Conference, which took place in
Warsaw.During a panel dedicated to the prevention of torture, the representative
presented actions undertaken by the Defender under the National Preventive
Mechanism.
The cooperation between NPM and non-governmental organizations enables an
open discussion among experts and serves as a tool allowing the Mechanism to reach a
broader audience with information concerning, among others, the standards
established by the National Preventive Mechanism.
6. Reviewing legal acts
The role of National Preventive Mechanisms also consists in submitting
proposals and observations as regards the existing or drafted legislation. Therefore, the
Office of the Human Rights Defender receives all draft legal acts which refer to
individuals deprived of liberty.
In 2010 the Defender, performing the tasks of the National Preventive
Mechanism, issued his opinion concerning, among others, draft Ordinance of the
Council of Ministers on the application of coercive measures and the use of firearms
or service dogs by Prison Service officers of 7 May 2010.In a petition of 21 May 20107
the Defender indicated that the wording of certain solutions formulated in the project
raised doubts, particularly when it came to a guarantee of a lawful application of
coercive measures in practice.The petition was motivated by the fact of abandonment
of many proven procedures reinfocing such guarantees, being the result of long-term
cooperation between the Prison Service and institutions working for the protection of
human rights in Poland, including the Human Rights Defender. The draft also
considerably limited the scope of documenting the use of coercive measures. It
refrained from the obligation of drawinp up protocols on the use of coercive measures
(except for the need to draw up a protocol after the use of firearms and a service dog)
in favour of a vague memo. Compared to the existing legal situation, these draft
regulations significantly limit the possibility to verify the legitimacy of complaints
lodged by inmates on the use of coercive measures against them. The draft Ordinance
does not include (except for the time of placing in a security cell) the obligation to
register the course of applying coercive measures. However, the results of NPM visits
indicate the need to continue such actions. Film material is a perfect confirmation of
actions described in the coercive measures protocol for the persons carrying out the
visits.
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