2016 | The NPM indicated that the current standard of surface per prisoner does not provide prisoners with decent conditions of detention. The NPM asked the Minister of Justice to introduce legal changes and increase the national standard of surface available to each prisoner to the level of 4 m2. The NPM paid particular attention to the negative effects of detaining prisoners in a cell guaranteeing only 3 m2, especially the increased risk of infectious disease transmission, the greater risk of a prisoner becoming a victim of violence, as well as no possibility of guaranteeing prisoners that they will be detained close to their place of residence. | Report details |
2017 | The NMPT, with concern, recorded the existence of two 13-person cells. Such cells fail to ensure even a minimum level of privacy, they lead to conflicts, threats and violence and are a breeding ground for the development of criminal subcultures. | Report details |
2019 | Unfortunately, despite the NMPT efforts to increase the cell size per capita described in the 2017 and 2018 Annual Reports, the Ministry of Justice does not see a need to make such changes. According to the regulations applicable in Poland, an inmate is guaranteed a minimum of 3 m2 of cell area. The legislation also allows for a reduction in this standard. In such cases an individual is unable to function normally. The Polish standard is contrary to international standards and practices of the majority of the European countries. Since 1996 Polish authorities have been called by international organizations such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the UN Committee against Torture (CAT), the UN Sub-Committee against Torture (SPT), to ensure the minimum 4 m2 of cell space to prisoners. | Report details |
2022 | For years, the National Mechanism for the Prevention of Torture has been appealing to the authorities to introduce appropriate legislative changes that will lead to an increase in the standard of the minimum residential cell space per prisoner. Polish legislation provides a prisoner with a minimum of 3 m2 of living space in a cell. They also allow for the possibility of placing a person in a cell below 3 m2 under certain circumstances. However, this standard contradicts both international standards and the practice of most European countries. The minimum standard recommended by the CPT for the Council of Europe countries is 6 m2 of living space in a single-person cell and 4 m2 of living space in a multi-person cell (a sanitary corner is not included in the metric). In addition, each cell intended to be inhabited by inmates should have at least 2 m between cell walls and 2.5 m between floor and ceiling. The SPT, in its report on the 2018 visit to Poland, recommended that the authorities raise the minimum standard of living space per prisoner to the level indicated by the CPT. Poland should also review the official capacity of penitentiary
units in this regard. According to the CAT, Poland should take measures, including increasing the capacity of prisons, to ensure compliance with the European standard of at least four square metres of living space per detainee. The problem of so-called multi-bed cells has still not been fully resolved and there are still units that have cells with more than ten persons. In one of the prisons visited, mainly multi-person cells were in operation: 1 8-bed cell, 11 11-bed cells and 18 12-bed cells. Only two cells were smaller than 7-person cells. In another unit visited, on the other hand, there were 22 16-bed cells and 1 15-bed cell. According to the CPT, large multi-bed cells are inherently associated with a lack of privacy in the daily lives of detainees. Moreover, there is a high risk of intimidation and violence, the development of criminal subcultures. In turn, it is difficult or even impossible for correctional staff to exercise proper control. In addition, in such a situation it is easier for the prevailing conditions to deteriorate significantly due to overloading of common facilities, such as washbasins and toilets, and insufficient ventilation. | Report details |
2021 | As regards cell space, the current regulations on the space available to inmates in living cells constitute a systemic problem – which is regularly indicated in the reports of the NPM in Poland. While the standard of 3 m2 per person (excluding the area of the sanitary corner) derives from national law, it is not in line with CPT and SPT recommendations. As indicated by the CPT, there should be, respectively, 4 m2 per inmate in a multi-bed cell and 6 m2 in a single-bed cell. The above problem requires a change in the law and a correction of the official capacity of prison units. It has already been signalled to the Minister of Justice by the Commissioner for Human Rights. Failure to ensure the above standard significantly increases the risk of violating the prohibition of torture, inhuman and degrading treatment set out in Article 3 ECHR and of legal accountability before the European Court of Human Rights. | Report details |