Details
Legal instruments & key provisions
| Legal instrument | Key provision |
|---|---|
| Executive Penal Code (Kodeks karny wykonawczy) | Detainees are able to file motions, complaints and requests to authorities which execute the penalty of imprisonment or pre-trial detention. Such motions, complaints and requests can pertain to every aspect of deprivation of liberty. If the unit’s director does not agree to the motion or request, the detainee should be informed on the right to appeal to a director of a regional inspectorate of the Prison Guard. |
| Executive Penal Code (Kodeks karny wykonawczy) | Communication with a defence counsel (obrońca) or attorney (pełnomocnik) is among the most important rights of a person incarcerated in a prison or remand centre. A person deprived of his or her liberty may communicate with his or her defence counsel or an attorney who is a lawyer in the absence of other persons, and conversations with such persons during visits and telephone calls shall not be subject to inspection. The same applies to communication with a representative who is not a lawyer and who has been approved by the President of the Chamber of the European Court of Human Rights to represent the person before the ECtHR. |
NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS
| Year | Recommendation | Report |
|---|---|---|
| 2022 | Directors of penitentiary units are still not obliged to issue a decision to subject an inmate to a personal inspection, which the inmate could challenge in court under Article 7 of the Executive Penal Code. Meanwhile, the repeated abuse of subjecting prisoners to invasive personal checks has been pointed out by the European Court of Human Rights in Strasbourg in numerous judgments against Poland - also issued last year. The Court pointed out that national law in practice did not provide detainees with an effective remedy to challenge the decision to carry out a personal inspection. | Report details |