Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017
4. Failure to adapt prisons to the needs of persons with
physical disabilities
None of the establishments designated by the Director General of the Prison Service provides
the possibility for independent functioning of such prisoners63. Such a situation is in breach
of international standards and requires change64.
Mandela Rules: the prison regime should seek to minimize any differences between prison
life and life at liberty and prison administrations shall make all reasonable accommodation
and adjustments to ensure that prisoners with physical, mental or other disabilities have full
and effective access to prison life on an equitable basis65.
The NMPT recommendation: the order of the Director General of the Prison
Service specifying which establishments can accommodate prisoners
with physical disability needs to be updated
In view of the above, the Deputy Commissioner for Human Rights requested
the Director General of the Prison Service to update the order specifying the intended
purpose of penitentiary establishments, so that the establishments designated as wheelchair-accessible have architectural possibilities to fully adapt their facilities to the needs
of persons with physical disabilities66.
The Minister of Justice replied to the Commissioner that measures aimed at the
elimination of architectural barriers in organizational units of the penitentiary system are
taken successively, in response to actual needs. Moreover, all newly built facilities of the
Prison Service comply with relevant regulations in that regard.67
The NMPT will soon present a thematic report on that issue
63 Report of the Commissioner for Human Rights concerning the activities of the National Mechanism for the Prevention of Torture in Poland in 2016, p.
26-28
64 United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), Resolution adopted by the UN General Assembly on 17
December 2015, Rule 5; Convention on the Rights of Persons with Disabilities, drawn up in New York on 13 December 2006. (Dz. U. of 2012, item
1169); Resolution of the Sejm of the Republic of Poland of 1 August 1997 - Charter on the Rights of Persons with Disabilities (M. P. of 1997 no. 50,
item 475); publication of the UN Committee on the Rights of Persons with Disabilities, Guidelines on Article 14, The right to liberty and security of
persons with disabilities, Adopted during the Committee’s 14th session, September 2015
65 Rule 5
66 General Intervention of the Deputy CHR dated 24.01.2017 to the Director General of the Prison Service, ref. no. KMP.571.2.2017.JJ
67 Letter of the Minister of Justice of 14 April 2018, ref. no. DWMPC-III-850-2/18
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents