the Commissioner's representatives can actually carry out supervision activities during deportation
operations.
In response, the Minister informed29 that in 2019 an evaluation mission regarding deportations
from Poland was held. The Polish side was evaluated positively. It was pointed out, however, that one
of the elements to be strengthened was the monitoring of the enforcement of decisions on deportation
of foreign citizens. In view of the above and of the Commissioner’s request to amend the regulations on
the participation of observers in deportation operations, the Ministry announced that already in 2020,
the Border Guard would take steps to amend the regulations on the subject in question.
Possibilities of using additional direct coercion measures in the form of objects intended to
incapacitate people using electricity30
The Commissioner sent a general intervention letter to the Prime Minister in connection with
the amendment of the provisions of the Act on the Prison Service. As a result of the amendment,
penitentiary facilities’ personnel have been permitted to use additional direct coercion measures in the
form of objects intended to incapacitate people using electricity. The Commissioner indicated his
objections regarding the amendments already at the stage of the legislative works. Unfortunately, the
objections were not taken into account.
The very timing of introducing the amendments, as well as the grounds for them, raise serious
doubts. The solution has been introduced as a permanent one although it was raised it was required in
the context of the COVID-19 epidemic and situations when tasks need to be performed by a reduced
number of personnel. Therefore, the powers granted to the Prison Service are not, in fact, aimed at
preventing and combating COVID-19, but to make it possible to use the new direct coercion measures,
introduced under the guise of fighting the effects of COVID-19. The Commissioner is also concerned
about the fact that before the introduction of the amendment, there had been no true debate about it and
about the fact that its purpose was to sole staffing problems in the Prison Service. The Commissioner
pointed out that electric weapons can also be used as a form of torture, which has been confirmed by
binding court judgments. It should also be mentioned that the risk of torture increases in situations of
stricter isolation, where contact with the outside world is limited or prohibited for security reasons, and
the monitoring or supervision institutions have limited possibilities of action. In the opinion of the
Commissioner, granting officers of the Prison Service the right to use direct coercion in the form of
electric weapons has been ungrounded. Such weapons should not be part of the equipment of
penitentiary officers. All suggestions concerning the subject should be discussed without haste, as part
of public consultations and expert discussions.
29
Letter of 17 July 2020.
30
General intervention of the CHR to the Prime Minister, of 29 April 2020, no.KMP.571.3.2020.
26
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