On 11 April 2006 the Helsinki Foundation for Human Rights published a report devoted to the problem of preventing torture at Polish closed institutions. This report constitutes a summary of a three-year program financed by the European Commission and performed simultaneously in six countries by six national Helsinki Committees (Bulgaria, Macedonia, Poland, the Russian Federation, Serbia/Montenegro and Hungary). (22-APR-06)

Written by Marta Lempicka/HRH Warsaw

The Polish report is a collection of records from visits at specific institutions: prisons, pre-trial and police detention facilities, and psychiatric hospitals, as well as scientific studies devoted to the Polish procedures and practice of lodging complaints against the actions of state officials that bear the features of torture, inhuman or degrading treatment, or punishment. The report relates to the events between 1999 and 2006.

One of the main problems described in the report is the significant overcrowding of penitentiary units. This constitutes a serious violation of the standards guaranteed by Council of Europe conventions and the organs that apply them. According to the report’s authors, due to this problem Poland exposes itself to a series of judgments by the Court in Strasbourg stating our country’s violation of Article 3 of the European Convention on Human Rights. The overcrowding not only causes violations of prisoners’ rights, but also deteriorates the working conditions and intensifies the stress, to which the prison staff is exposed. As a result, both the prisoners, and the guards watching them, are subject to conditions that are inhumane and discreditable for a European Union member state.

Among other fundamental problems and potential violations of the freedom from torture, inhuman or degrading treatment, or punishment, the authors mention the lack of effective and objective procedures for hearing complaints against the actions of Police and Prison Service officers. The monitoring performed by the Foundation within the confines of the project confirmed the fact that during a conflict with state officials the victim may only occasionally rely on the integrity and objectivity of public prosecutors and judges.

Studies conducted at psychiatric hospitals showed violations of the right to privacy and the right to information, and the occurrence of actions bearing features of degrading or inhuman treatment. According to the authors, the court procedures regarding the application and prolongation of security measures, the opinions regarding placement in psychiatric institutions and the prolongation of the execution of security measures are all very questionable.

The Council of Europe Committee for the Prevention of Torture (CPT) has also made unfavorable statements regarding the conditions at Polish prisons. In its latest report concerning Poland of 6 March of this year it called upon the Polish authorities to redouble their efforts to combat prison overcrowding and, in so doing, to be guided by the standards developed within the Council of Europe. According the CPT a penal policy is also needed covering both admission to and release from prison which ensures that imprisonment is the measure of last resort (ultima ratio).