Country

Poland

Detention issue

Solitary confinement

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Executive Penal Code (Ustawa z dnia 6 czerwca 1997 r. Kodeks karny wykonawczy)Solitary confinement is a disciplinary measure. It involves placing a prisoner in a separate, specially designed cell for up to 28 days (14 days in the case of pre-trial detainees). While other disciplinary measures may be applied to prisoners who have violated the order and disciplinary rules of a given unit, solitary confinement may only be imposed when the violation is serious. During solitary confinement, prisoners remain separated from other prisoners and are denied their rights to: receive visits, make phone calls, use audio-visual and computer equipment, take part, together with other prisoners, in religious services (however, at their request they should be allowed to participate directly in a service, without a possibility of contacting other prisoners), take part in cultural, educational and sport activities (however, they may use books and press), purchase food and tobacco products, work outside the cell, educate themselves outside the cell, use their own clothing, footwear and tobacco products.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2019In some penitentiary units isolation cells are used for purposes other than the execution of a disciplinary penalty. Although § 90(2) of the Regulation of the Minister of Justice on ways of protecting organization units of Prison Guard (17 October 2016) stipulates that “in order to maintain order, safety or living space indicated in Article 110(2) of the code, the director can decide to place an inmate upon whom the disciplinary penalty of solitary confinement has not been imposed in an isolation cell”, it should be borne in mind, however, that placing an inmate in such a cell is connected with additional burdens, such as e.g. its small surface and its sanitary corner not offering privacy. Report details