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The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published a report on its visit to Poland in 2017
The document reveals many irregularities in the examined detention facilities
psychiatric institutions and the National Centre for the Prevention of Dissocial Behaviours in Gostynin
CPT delegation also met with lawyers of the HFHR
“The conclusions of the Committee’s visitation coincide with the observations of non-governmental organizations
including the Helsinki Foundation for Human Rights”
the CPT received many reports of abuse of force (or sometimes outright violence) on the part of police officers
The CPT noted based on its findings that persons who are arrested or transferred to the police custody were exposed to a serious risk of being maltreated
There is still no systemic solution that would protect detainees from such irregularities
The CPT emphasised in particular that detainees’ access to a lawyer was illusory and found that detainees generally were not informed of their rights
The CPT has also taken an interest in the case of Igor Stachowiak who died at a police station in Wrocław in 2016
the CPT recommended reiterating to all police officers instructions regarding the proper use of electric discharge weapons
electric discharge weapons may only be used when there is a real and immediate threat to life or risk of serious injury; such weapons may not be used for the sole purpose of securing a detainee’s compliance with an order
Recourse to such weapons should only be authorised when other less coercive methods have failed
The Committee also requested the Polish authorities to provide it with a copy of Igor Stachowiak’s case file as well as information on disciplinary and criminal penalties imposed on the officers responsible for his safety
In the report’s section devoted to guarded immigration centres
cases of violence between detained foreign nationals
the absence of pre-placement medical examinations and the practice of submitting the detainees to medical exams in the presence of Border Guard officers
Another important problem is the fact that foreigners are often not informed about decisions concerning their detention and available legal remedies that may be taken to challenge such decisions
The CPT also drew attention to the inadequacies in the functioning of prisons
the Committee observed that the Polish standard of prison living space (3 sqm per an inmate) was too low
newly admitted inmates do not have to undergo a comprehensive medical examination immediately after their arrival at the facility
There is also a need for proper procedures for reporting and recording prisoners’ injuries
The CPT also concluded that Poland applies extensively restrictive regulations regarding the contact privileges of persons detained on remand
Discussing the young offender institutions
cases of violence between inmates and the absence of proper medical examinations
irregularities were uncovered in respect of the misuse of coercive measures
Juvenile inmates’ contact privileges were considered inadequate
the CPT pointed out to several deficiencies in the operation of psychiatric institutions
including the alarmingly frequent use of coercive measures against juvenile patients
the provisions of the Mental Health Protection Act do not fully meet international standards: for example
there is no mechanism for a periodic judicial review of mental health committal orders or extensions of periods of involuntary hospitalisation
The CPT also commented on the operations of the National Centre for the Prevention of Dissocial Behaviours in Gostynin
noting the absence of a general concept of therapy at the establishment as well as overcrowding
“We hope that the recommendations made by the Committee will contribute to improving standards of treatment of people deprived of their liberty
Many of the suggested changes are in line with earlier proposals of non-governmental organisations and the Commissioner for Human Rights”
To view the CPT report, use this link
Helsinki Foundation for Human Rights Wiejska 16 Street 00-490 Warsaw
Tel: +48 22 556 44 40 (Monday to Friday from 10.00 PM to 2.00 PM) Fax: +48 22 556 44 50 e-mail: hfhr [at] hfhr.pl
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