Body searches are carried out by female staff. Male staff may perform searches that use technical devices such as metal detectors or security detectors.

The security staff wear civilian clothing in the presence of children.

In 2016, the majority of convicted women were serving sentences for property-related offences (13,979), most often for theft (4,053). Public safety offences came in second (4,094), including drunk-driving (2,879). The third largest group is that of economic offences (2,641). The last category is that of offences against the credibility of documents, including making and using counterfeit documents (2,358)¹.

Minors are subject to a specific justice system outlined by the Law on procedure in juvenile cases of 26 October 1982¹.

The detention facilities established by this law – reformatories, refuges, and educational centres – are generally adapted to the needs and circumstances of minors, although individual circumstances are not currently accorded much attention.

Alternative sentences to incarceration exist for minors. Restrictive sentences are preferable to custodial sentences, which should only be delivered as a last resort. Minors may also be placed in reintegration centres.

There are seven categories of prison facilities for juveniles:

• correctional facilities
• shelters
• homes
• police custody for juveniles
• educational centres
• psychiatric facilities (juvenile ward)
• specialised social assistance homes

A judge may choose to place juveniles with adults (hapter 3, Paragraph 12 of the Regulation of the Minister of Justice of 29 December 2016).

Minors aged 17 or older who have committed offences are the most affected by this measure.

The CPT considers the material conditions of juveniles in he Białystok correctional facility satisfactory. Its cells, which are double- or triple-occupancy, measure approximately 15 m2. They are well equipped, with full bedding sets, chairs, tables, cupboards and shelves. The young inmates have satisfactory access to natural light, fresh air and enough artificial light. They may personalise their spaces with plants and photos. Pets are allowed. Each floor has sanitary facilities, a kitchen, a dining room, a common room with a television and games and an exercise room¹.

Minors are allowed access to sport and recreation programmes in order to encourage their rehabilitation (Article 66 of the Juvenile Justice Act).
Minors can regularly play football, basketball and other competitive sports. The CPT suggests that the current daily outdoor exercise time for minors be changed from one hour to two hours¹.

Between 2017 à 2020, most staff took part in various training courses. These included training in assessing juveniles, managing conflict, and information and communication techniques in crisis situations.¹

The CPT noted that there were no allegations of ill-treatment and that the minors spoke positively of the personnel.

In 2016, a staff member was attacked by a minor during a riot. In 2017, a minor stabbed another inmate².

Maintaining family ties:¶

Distance from the place of residence is not considered during placement.
Officially, in the juvenile detention centre of Bialystok, visits are on Sundays from 11:00 to 13:00. In reality, they are authorised every day. A dedicated space allows family and friends to stay in the centre over the weekend. This centre was visited by the CPT.

The young inmates can receive telephone calls every day. Permission to make calls is sometimes dependant on the completion of housework, for example, cleaning the floor. Some minors, questioned by the CPT, reported that they could not make calls due to a lack of time after the completion of the tasks imposed by the court¹.

Violence:¶

A climate of violence between minors was observed, which could lead to dangerous situations for them or for the staff.

The computer system “Libra PG” does not process data related to the procedures concerning ill-treatment of children in detention centres. Obtaining such data would require the consultation of records of all ongoing cases, including those available exclusively in the courts.

The most-represented foreign nationalities are: Ukrainian, Russian, Vietnamese, Romanian and Bulgarian.

Illegal residence is not punishable with imprisonment, as it is an administrative infraction, though it can lead to being placed in a holding centre.

The court can order the payment of a fine. An administrative procedure is initiated to compel the foreigner to return to his country of origin. The ruling must specify the length of time that the person will be prohibited from visiting Poland, which can be anywhere from six months to three years.

Foreign inmates can make international phone calls, but they must cover the costs themselves.

The system of sentence enforcement is the same for Polish citizens and for foreigners, though the prison administration may make special arrangements for foreigners, such as extended visits from relatives from far away.

The Commissioner for Human Rights noted discrimination against prisoners from the Traveller community. The NPM underlined foreign inmates’ repeated reports of discriminatory behaviour by the staff¹.

Individuals condemned to long sentences are excluded from cultural activities, work possibilities and training.
Until 2015, they were automatically classified as “dangerous” and were placed in a high-security block, in isolation, solely because of the length of their sentence.
Two condemnations from the ECHR Horych v. Poland and Pugžlys v. Poland brought an end to this practice¹.

A life sentence may be delivered in cases of treason, genocide, crimes against humanity, the use of weapons of mass destruction or any other war crime, homicide and assassination.

A person condemned to a life sentence can request a sentence adjustment after 25 years. This period can be extended by the judge. The current Minister of Justice has proposed a Penal Code reform that would extend this period to 30 years.
Individuals sentenced to 25 years imprisonment may qualify for parole after 15 years.

Pre-trial detention is limited to three months. This period can be extended to two years, depending on the nature of the offence. It can also be renewed twice, in exceptional cases. Pre-trial detention can be ordered in the following cases:

• there is solid evidence of the defendant’s guilt
• the person represents a threat to society
• there is a significant risk of escape on the part of the accused
• the person is likely to be punished with a long sentence

Pre-trial detention is almost automatic in cases of domestic violence.
The excessive use of pre-trial detention is a recurring problem in Poland, with several thousand cases reported every year. The ECHR delivered several condemnations for cases exceeding seven years.

As of 30 July 2017, eight individuals had been in pre-trial detention for over two years¹.

The prisoner can appeal the decision for pre-trial detention. Several thousand individuals contest this placement each year, but few complaints come to a successful conclusion.

Untried prisoners do not have a special detention regime in line with the presumption of innocence. They are not allowed to make telephone calls and access to work and activities is limited.

The situation of transgender individuals in prison is not taken into account. According to available information from Kampania Przeciw Homofobii, even the public and private health systems are not adapted to the specific needs of transgender individuals.

Elderly individuals do not receive special care. The Penal Code only marks a difference between two age groups: young inmates aged 15 to 21, and adults. There are no specific regulations regarding the sentences of elderly individuals. The Commissioner for Human Rights receives many complaints about health services in prison. However, feedback from elderly prisoners tends to be positive. Hospital areas for treating patients with chronic illnesses are not equipped to receive prisoners, and the only prison hospital which treats chronic illnesses has space for 36 individuals. The wait time is three years.

The law does not provide for the early release of elderly prisoners. Age is not considered to be a criterion that justifies sentence adjustment, deferment or suspension. The court can, pursuant to Article 153-1 of the Penal Enforcement Code, suspend imprisonment in the case of serious illness.

Some inmates may be required to help inmates in wheelchairs get around the prison. The administration does not take into account prisoners with disabilities. The 3 m² required per person in a cell are insufficient for the use of a wheelchair. Individuals with disabilities are not necessarily placed on the ground floor and may even be assigned a bunk bed. They have limited access to common areas, showers and outdoor spaces.

Prisoners with disabilities are sometimes subject to ill-treatment on the part of other inmates. For example, some take away their wheelchairs, though others willingly help them get around.

Reintegration programs are not adapted to the needs of individuals with disabilities.

The Bydgoszcz Fordon prison has a block for blind individuals, who share their cells with other inmates chosen to guide and help them.

The restoration of the death penalty is not currently subject to debate. The last public personality to present such a proposition was President Lech Kaczynski in 2006. He did not receive enough support to continue to defend the measure.