Poland
Capital city — Warsaw
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Prisoners are allowed to make external phone calls
Prisoners can use, at their own expense, pay telephones on the days and at the times set by the internal regulations. Individuals placed in pre-trial detention have access to a telephone solely with the permission of the authority in charge of their case file and only to communicate with their defence lawyer or solicitor and, in justified cases, with a loved one. The daily authorised conversation time may not exceed five minutes (except conversations with the judicial police and the investigating court, judicial bodies, regional government, mediator, the Children’s Ombudsman, etc.)1. The right to make telephone calls may be revoked as a disciplinary sanction2.
Polish prison administration, « 2017 Prisoner Guide », p. 4. ↩
European Committee for the Prevention of Torture, “Report to the Polish Government on the visit to Poland from 11 to 22 May 2017”, 2018, p. 39. ↩
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The amendments to the Executive Penal Code entered into effect on 17 September 2022. They guarantee prisoners a minimum of one ten-minute phone call per week to talk to their families or solicitors.
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An amendment to the Executive Penal Code dated 5 August 2022 stipulates that prisoners have the right to at least one phone call per week to their solicitor. In practice, the prison service limits calls to this legal minimum, says the president of the Polish bar association, Przemyslaw Rosati.
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In juvenile facilities, prisoners could make phone calls on weekdays between 4 pm and 9 pm and at any time on Sundays and public holidays. Inbound phone calls for incoming juvenile prisoners or those undergoing medical care were unrestricted. Juvenile prisoners could also make phone calls (paid for by the prison) for 5 minutes per day (or more if the prisoner has been given a reward, which is not difficult to obtain according to juvenile prisoner reports). Phone calls would not monitored by prison staff. Juveniles who had the right to use a computer and the Internet (given either as a privilege or reward) could contact family members and close friends using Skype.
Health care is free
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Following the 2022 reform (“Modern Prisons” programme), prisoners are required to cover the cost of laboratory tests if they test positive for psychoactive substances.
Budget of the prison service
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The Ministry of Justice, the prison service and trade unions jointly announced in December 2022 that the budget would be increased by 6 million PLN (around 1.3 million euros). One use of these funds would be for benefits for officers that have served for at least 15 years. This budget increase would reinforce funding for overtime pay and change the method of calculating seniority allowances.
Every prison facility has a health care unit
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Juvenile prisoners had the right to a medical examination by an external general practitioner, as there were none available within the facility. Due to a lack of national healthcare funding, it was not possible for a local medical practitioner to examine every juvenile arriving at the facility, unless they were showing symptoms of illness. A full-time nurse worked Monday to Friday from 7.30 am to 3.30 pm. They carried out an initial assessment, examining the physical and mental condition of each juvenile on arrival at the facility. They recorded any illnesses, previous hospitalisations, medication, injuries, tattoos etc. Routine skin examinations were also carried out on juveniles. Any skin injuries noted would be reported to the prison governor.
The law forbids solitary confinement for minors
Minors may be placed in solitary confinement to prevent them from “hurting others or themselves” (Act on Coercive Measures).
The period of isolation may not exceed 48 hours and is limited to 12 hours for 14-year-olds (Article 27-1).
When the threat of force is not enough to prevent acts of violence or self-harm, other coercive measures, such as straitjackets, restraint belts and solitary confinement, are authorised.
Medical isolation is used for safety reasons, even though the law prohibits it. The administration resorts to this measure for juveniles considered to be violent and/or troubled.
The administration does not keep a central register of the coercive measures used on minors1.
Solitary confinement was used as a disciplinary measure 29 times in 2016.
European Commission for the Prevention of Torture, “Report to the Polish Government on the visit to Poland from 11 to 22 May 2017”, 2018, pp. 45-47. ↩
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The use of methods of coercion with imprisoned juveniles was recorded in a special register (Register of methods of coercion used) and reported to the Ministry of Justice. The register included the names of juveniles on which these methods were used and the types of methods applied. Members of staff who used methods of coercion must fill in a form describing the events in detail. Twice a year, questionnaires were filled in by juvenile prisoners covering security in school, at workshops and in corridors. Thirteen cases of coercion methods being used were documented between 2018 and 2020. Methods used included placing the juvenile prisoner in a security cell (nine cases), use of physical force (six cases) and use of a restraining belt (one case). The prison also holds an incident register, which documented eight incidents in 2019 (three of which related to substance use, two of which were suicide attempts and there were also single instances of self-harm, refusal to follow orders and fighting between juvenile prisoners). Two incidents relating to substance use were recorded in 2020.
Number of recorded violent acts between prisoners
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The NPM reported the existence of an informal rule of law applied by the “leading juveniles”, where they would not shake hands with so-called “weaker juveniles” and they would force them to fight with each other, prevent some of them from having meals, force them to give foot massages and buy items, threaten them and give them names with sexual connotations.
Number of socio-educational workers (FTE)
2,205
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The staff included: 15 coaches, 10 teachers, 6 educational experts, a psychologist and a nurse.
Number of medical staff (FTE)
1,620
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There were no nursing staff available overnight and some prisons had no nursing staff available on Sundays.
A medical examination is performed upon admission
The first meeting is a medical interview, complete with an examination by stethoscope. The interview and examination are completed in the three days following the inmate’s arrival. Within 14 days, the inmate must see a dentist and be X-rayed, which will then be repeated every two years1.
The CPT pointed out the superficial nature of the medical examinations, which are typically a few general questions without a full examination
This period of three days is often disregarded. Some inmates wait up to a week for this exam. Minors questioned by the CPT also reported that the exam was superficial and delayed2.
Helsinki Foundation for Human Rights, “Improving Prison Conditions by Strengthening the Monitoring of HIV, HCV, TB and Harm Reduction”, 2015, p.38. ↩
European Committee for the Prevention of Torture, “Report to the Polish Government on the visit to Poland from 11 to 22 May 2017”, 2018, p. 37-44. ↩
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Transferred prisoners would sometimes only be examined in the originating prison and not in the receiving prison at the time of the transfer. There were also cases of prisoners being examined outside the prison while handcuffed and in the presence of prison officers.
There are designated places for cultural activities
in some establishments
Cultural activities are rare, but meetups with authors, book clubs or audiobook listening sessions can sometimes be organised.
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A variety of activities were available in prison communal areas and these varied from prison to prison. In one case, NPM noted that the communal space was also used by staff for administrative tasks. Other rooms had televisions, table tennis tables, table football, computer games, musical instruments and exercise equipment available. Time spent in communal spaces was limited. For example, at the Warsaw-Białołęka jail, prisoners could only go to these areas between one and four times per week, and at Strzelce Opolskie Prison No. 2, the communal space was open for 1.5 hours per day.
There are designated places for physical activities and sports
Most establishments have exercise rooms and playing fields. Sports are generally played twice per week for two hours or more on weekends. Football, basketball and martial arts (especially boxing) are the most-enjoyed activities.
The Czarne prison combines sporting activities practiced outside of the establishment, such as canoeing or Nordic walking, with ecological activities, such as cleaning up forests or riverbanks.
Inmates can also participate in Nordic walking classes, running classes or clubs, and canoeing classes (in the Czarne prison). Canoeing is combined with ecological activities. Exercise classes are of great interest, although the lack of qualified trainers must be considered a negative point.
The participation in sporting activities is subject to medical and administrative authorisation.
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At the Warsaw-Białołęka jail, the exercise yard surface was cracked, which made movement difficult for prisoners with reduced mobility. There was no appropriate roofing in place apart from a small partial cover made from plastic panels. The yards were enclosed within a concrete wall with metal wire across the top. There were two outdoor strength training equipment areas but they were not available to prisoners every day. One of the yards measured 20.1 m² and had no exercise equipment or sports play areas. Strzelce Opolskie Prison No. 2 had volleyball and basketball courts. Prisoners could take part in sports club activities, such as an 1 hr 45 mins cardio training, once a week.
Prisoners in solitary confinement receive regular medical care
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Medical staff only visited prisoners placed in isolation on request or if medical assistance was required. Doctors and psychologists must certify that a prisoner is in a fit state to be placed in isolation, and they were also involved in prisoner restraint processes, including the use of restraining belts. In one facility, incarcerated persons were interviewed by a psychologist, without any physical examination, before being placed in isolation.
Security staff carry
non-lethal weapons
The use of non-lethal weapons is limited to the entrance of the facility, guard posts and security zones.
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Security department heads were equipped with body cams in two of the prison units visited.
Sanitary facilities are clean, adequate and accessible
no
The location of toilets depends on the establishment and when it was built. Renovation work of sanitary facilities is ongoing in the older prisons. Communal spaces are overloaded and their ventilation insufficient.
There are not enough toilets – they can just as easily be assigned to two people as to nine or fourteen. The shortage of toilets is a source of conflict.
The Commissioner for Human Rights noted, in Biala Podlaska and Krosno Odrzańskie, the lack of privacy in the sanitary facilities of blocks housing foreigners. The height of the partitions between toilets and showers was insufficient[^2].
[^2]: Commissioner for Human Rights, «2016 Annual Report», 2017.
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The physical state of some of the cells and toilets within the Warsaw-Białołęka jail was poor, with equipment in a poor state of repair, and cracked and dirty walls. Prison officers did not have dedicated toilets and must use prisoners’ toilets. Two of the public bathrooms were in a very poor state of repair: signs of damp on the walls, rusty radiators, dirty curtains on the shower cubicles and dirty floor. Toilets without privacy screens were also present in all of the individual cells in Strzelce Opolskie Prison No. 2.
Prisoners may appeal against disciplinary sanctions
A prisoner can appeal a sanction in front of a prison court, but such a solution does not typically get results.
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In two facilities, no documents were sent to incarcerated persons who were the subject of disciplinary action. These people were also not informed of their right to appeal the decision.
Vocational training is provided
yes
The vocational training which is offered results in trained painters, cooks, electricians, tile-layers, roofers, locksmiths, mechanics, carpenters and landscapers.
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The therapeutic service at the Wołów prison provided training programmes to prisoners suffering from non-psychotic mental health disorders. Prisoners could learn how to repair damaged book collections from the prison library, creating new covers, decorating the bindings or creating bindings for internal documents for the prison administration. These activities enabled prisoners to acquire practical, professional skills. They prepared incarcerated persons for professional reintegration and used occupational therapy techniques, using specific, time-consuming tasks that teach prisoners to be calm and patient.