Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Systemic problems The analysis of problems determined during the visits allows one to formulate broader recommendations. The NMPT is aware that some problems may not be solved in isolation, without systemic support in the form of amended and improved provisions or procedures. 1. The problem of the lack of procedures in case of reporting torture and inadequate method for documenting injuries Prison personnel, including medical staff, do not have any procedures in place specifying the method of conduct in case a prisoner reports being a victim of torture or violence or when there is a suspicion that torture or violence was used against him/her. Injuries are often documented in a superficial fashion and medical staff lacks sufficient knowledge about the provisions of the Istanbul Protocol. The Istanbul Protocol, which acts as a manual for effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment, is an official UN document drawn up by a group of experts and comprising practical information about the methods of torture, their consequences, ways of identifying them for the purpose of criminal proceedings and conducting effective investigations concerning torture. Its application is recommended by the UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) Medical examination of all persons admitted to prisons as well as proper documentation of injuries determined during such an examination constitute a significant guarantee of protection against torture and elimination of impunity. It also protects prison personnel from false allegations that injuries were sustained during one’s stay in the penitentiary establishment. Each prisoner should be examined within 24 hours from admission. Penitentiary establishments should maintain a register of injuries and document injuries in the right way. In case there is a suspicion of the use of violence, the Prosecutor shall be notified (CPT) 51 SPT report from the visit to Peru, 9 August 2017, CAT/OP/PER/1, Article 20; SPT report from the visit to Ukraine, 16 March 2016, CAT/OP/UKR/1, Articles 46-48; SPT report from the visit to Brazil, 5 July 2012, CAT/OP/BRA/1, Articles 38-39 25

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents