The Helsinki Foundation for Human Rights filed an amicus curiae brief concerning the constitutional complaint of Jacek G., a case involving the ability of detention facilities to house prisoners under conditions in which each prisoner has less than 3 sq.m. of living space. On May 26, 2008, the Constitutional Tribunal found that Article 248 § 1 of the Penal Code, which allows the detention of prisoners under these conditions for an indeterminate length of time, is inconsistent with the right of all citizens to be treated in a humane manner under Articles 40, 41.4, and 2 of the Constitution. (18-JUL-08)
The statutory provision in question gave authorities broad discretion when deciding the nature and extent of detention conditions. According to the Court, the fact that the language of the provision allowed a wide range of interpretation with regard to living conditions amounts to a violation of constitutional articles meant to protect against cruel and degrading treatment. The problem of overcrowding in Polish prisons is extensive. Polish detention facilities rank among the lowest in Europe in terms of residential area allotted to prisoners. Prisons are currently running at 112% capacity, with 86,000 prisoners inhabiting 77,000 places. The use of the contested provision, which permits the housing of prisoners under conditions in which each prisoner has less than 3 sq.m. of space, fails to take into account the basic needs of those detained. Overpopulation of prison cells is in itself degrading and inhumane, and can in extreme circumstances amount to torture. Furthermore, approx. 40,000 persons wait to have a place in prison for implementation of their penalty. The judgment of the Constitutional Court did not rule out the possibility that prisoners may be given less than 3 sq.m. of space in extraordinary circumstances (for example, in emergencies). However, the Court held that the terms of temporary placement must be clearly defined. Prisons must therefore follow a strict set of rules that limits the maximum amount of time in which prisoners may be housed in a smaller cell. Under the judgment, the government has 18 months to remedy the situation. The Court found it necessary to grant such a length of time because of the serious organizational measures needed to address the problem.
