Poland’s places of detention in the spotlight

Poland’s places of detention in the spotlight as UN torture prevention body concludes visit

GENEVA/WARSAW (19 July 2018) — Poland has made progress in improving conditions of detention in the country but much needs to be done, including immediate access to basic safeguards and tackling disproportionate use of detention, UN experts have said.

The comments came at the end of a visit to Poland by the UN Subcommittee for Prevention of Torture (SPT), when a six-member delegation presented its confidential preliminary observations to the Polish authorities on how to strengthen the protection of persons deprived of their liberty against torture and cruel, inhuman or degrading treatment or punishment.

“While we appreciate the efforts Poland has made, among other things, authorities need to be more vigilant about ensuring timely access to fundamental safeguards,” said Aisha Shujune Muhammad, who headed the SPT delegation to Poland. “We also believe that increased use of alternatives to detention will contribute to decreasing the number of persons held in detention, thus improving their living conditions,” she added.

The SPT visited various places of deprivation of liberty including prisons, remand and police centres, and institutions for juveniles and mental health patients. They also held discussions with Government officials, judicial authorities, the Commissioner for Human Rights, and representatives of civil society.

The experts also accompanied members of the independent national body known as the National Preventive Mechanism (NPM) during their visit to the police detention facility in Warsaw. “For the prevention system to function effectively, it is imperative that the relevant institutions engage with the NPM as regards its recommendations and findings. At the same time, the State party should ensure that the mechanism is independent and well resourced to carry out its preventive mandate,” concluded the head of delegation.

The SPT monitors how States that have ratified the Optional Protocol to the Convention against Torture (OPCAT) are meeting their treaty obligations, including establishing an independent National Preventive Mechanism.

Poland ratified the Optional Protocol in 2005.

The SPT delegation comprised: Ms. Shujune Muhammad (Maldives), Ms. Marija Definis-Gojanovic (Croatia), Mr. Petros Michaelides (Cyprus), Ms. Mari Amos (Estonia), Ms. Zdenka Perovic (Montenegro) and Mr. Daniel Fink (Switzerland).

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