Poland
Capital city — Warsaw
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Prisoners can be assisted by a lawyer throughout their incarceration
Although Polish law guarantees all inmates the right to be assisted by a lawyer, this legal provision is not always respected.
The legal profession is underrepresented, and in small towns, there are too few lawyers. Only a third of inmates are defended by a lawyer in the big cities, where legal aid is the most accessible1.
These de facto limitations of the right to access to a lawyer are not subject to reparation in the Code of Criminal Procedure2.
Helsinki Foundation for Human Rights, “Pre-trial detention in Poland” 2015, p. 54. ↩
Helsinki Foundation for Human Rights, “Report on the Human Rights of Persons Deprived of Liberty”, 2017, p.12. ↩
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The CPT notes that people in remand detention are subjected to restrictions on visits and telephone calls with their solicitors. For untried, incarcerated individuals who have requested free legal aid, these restrictions prevent them from receiving legal aid, as they are unable to contact their appointed solicitors.
All prisoners have the right to receive visits
Individuals placed in solitary confinement for serious disciplinary misconduct are not allowed to receive visits.
Untried prisoners have limited rights to visits, which must be authorised by a judge. The visiting room is equipped with a plexiglass window to separate inmates and visitors.
Prisoners with the “N” classification (high risk) are limited to two monthly visits for one hour each. The CPT recommends at least one hour per week for all inmates1.
Some inmates signalled to a CPT delegation their inability to visit incarcerated relatives in different blocks of the same institution.
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.40. ↩
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The CPT notes that new arrivals in remand detention continue to be subjected to restrictions on visits and telephone calls, often during their first month, but sometimes for up to two or three months. Incarcerated individuals on remand must request authorisation from a prosecutor or judge for each visit. It can take up to two weeks to receive a response.
Number of medical staff (FTE)
1,416
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The CPT notes a shortage of medical staff. There are no healthcare workers at night or on weekends. Access to specialist care (dentists, psychiatrists, etc.) is complicated.
Foreign prisoners can be assisted by an interpreter
in some cases, court hearings
A foreigner deprived of liberty may be assisted by an interpreter for procedural acts, at any stage of the criminal proceedings. Foreigners in prison do not have access to interpreters and must rely on staff members if possible or even fellow inmates.
The prisons are gradually being fitted with more translation devices – 160 were purchased in the last few years1.
Commissioner for Human Rights, “2016 Annual Report”, 2017, pp. 39-41 (in Polish). ↩
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Incarcerated foreign nationals cannot be assisted by an interpreter during medical examinations.
Medical examinations are carried out on a confidential basis
in most cases
The respect of doctor-patient confidentiality is guaranteed for most inmates, but high-risk prisoners are escorted by a guard. The doctor may request his presence.
The violation of doctor-patient confidentiality is the subject of complaints1.
Commissioner for Human Rights, “NPM 2016 Annual Report”, 2017. ↩
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The CPT reports that requests for medical consultations are filtered by prison staff. Medical examinations are performed under surveillance.
The prison service keeps record of incidents
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Injuries occurring in correctional facilities are not recorded in a register. The information is only entered in the incarcerated people’s medical files, without a detailed description or conclusions by a doctor as to the origin of the injury.
A regional body monitors the places of deprivation of liberty
yes, the European Committee for the Prevention of Torture
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The report on the visits to Polish prisons in 2022 was made public in April 2024. It identifies various weaknesses in the system.
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.
Transferred prisoners would sometimes only be examined in the originating prison and not in the receiving prison at the time of the transfer. In 2022, the NPM also reports cases of prisoners being examined outside the prison while handcuffed and in the presence of prison officers.3
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. ↩
Commissioner for human rights, Human rights in places of detention. How Poland in implementing into practice the recommendations of the international bodies for the prevention of torture (CPT and SPT), 2022, p. 51 ↩
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The medical screening upon entry is superficial, if it is carried out at all. New arrivals are examined after a long wait, especially those who arrive just before the weekend. Physical examinations are not performed systematically.
The prison service offers activities to prisoners
in some establishments
The activities on offer are limited to:
- daily walks, for one hour, are sometimes the only physical activity
- the gymnasium is occasionally accessible
Recreational sports and group activities are lacking in remand centres. The CPT recommends developing facilities for this purpose1.
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. 34. ↩
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The Committee observed that incarcerated individuals on remand spend most of their days locked in their cells, without access to activities. This is because the prison service does not provide enough organised activities.
The law establishes a minimum standard for living space per prisoner
yes
The CPT sets a minimum regional standard of 4 m² per prisoner.
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The minimum living space per person remains 3 m2, despite the recommendations of the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The minimum standard should be at least 6 m2 in individual cells and 4 m2 in shared cells.