National Preventive Mechanism in Poland. Setting - up 8. 07. 2005 – OPCAT Ratification 18. 01. 2008 – Human Rights Defender as NPM.

National Preventive Mechanismin Poland

Setting - up

8. 07. 2005 – OPCAT Ratification

18. 01. 2008 – Human Rights Defender as NPM

Why Human Rights Defender?

Not to assign the same competences to several institutions

Cost saving

Independence of HRD

Difficulties

Lack of financial independence

multi – faceted character of HRD activity

Complaints concering NPM’s activity

1800 establishments to visit – 8 people

Organization

1 team

8 people

Support team

Methodology of the visit

Reasons for unannounced visits to places of detention

are more effective,allow to detect actual problems of the visited

establishment,express the actual state of observance of

rights of persons deprived of liberty.

Preparing the visit

Establishing the composition of the visiting team- interdisciplinarity requirement - gender balance - nominating the coordinator of the team - the division of

tasks Gathering information on the establishment

- reports from previous visits - reports of international (e.g. Committee for the Prevention of Torture), national (e.g. Supreme Control Chamber) and non-government organisations - generally available information, e.g. official websites - the number of complaints or lack of complaints

The visit

Preliminary talk with the director Viewing the establishment and the facilitiesGroup and individual interviews with the

detaineesInterviews with the staff of the establishment

(tutor, psychologist)Documentation analysisSumming-up conversation with the director

Preliminary talk with the director

Presenting the schedule of the visit and the methodology to be employed, deciding on the place where the team will meet during the visit

Getting preliminary information, e.g. on extraordinary incidents, cases of self-aggression, as well as disciplinary and court proceedings against the officers

Signalling the summing-up conversation

Viewing the establishment and the facilities

compliance with the binding norms of national and international law

premises – dormitories, transition wards, common rooms, walking grounds and sport grounds, rooms where personal control is carried out, visiting facilities, bathrooms, sick rooms, isolation wards, kitchens, etc.

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Group and individual interviews with the detainees

Individual interviews

Random selection Avoiding making interviews solely with

persons volunteering to be interviewed Choice of location – neutrality


earning trust highlighting the confidential and voluntary

nature of the interviewcheck-list – a useful interview tool open questions, e.g. describe your daily

routine in the establishment







Piąty poziom


Group interviews

spontaneous talks during the inspection of the living wards

the way of selecting the respondenthelpful in defining common problems,

in getting to know the specific character of the place

Interviews with the staff of the establishment

tutors, psychologists, security officersopportunity to verify certain information

obtained from the detaineeslearning the point of view of the staff

Documentation analysis

Documentation made available on the site register of disciplinary punishment, register of complaints made by persons deprived

of liberty register of the use of direct coercive measures

Documentation made available for post-visit analysis: internal rules and regulations procedures followed in case of revolt, reports carried out by other authorities

Summing-up conversation with the director

preparing for the conversation

- meeting of the visiting team

- exchanging information

- formulating major observations launching a dialogue with the management

of the establishment – reporting the initial findings

informing about the post-visit report

Post-visit reports

composition of the team, date of the visitgeneral description of the establishmentdetailed themes of the visit (living conditions, food,

medical care, treatment of the detainees, penitentiary work, employment, cultural and educational activity, correspondence, visits, religious services)

documentation analysis conclusions and recommendations







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Post-visit reports

Recommendations

suggesting solutions to the existing problems, e.g. ensuring that persons who have direct contact with the detainees, especially ward supervisors, get adequate training and support, to eliminate cases of ill-treatment of detainees

ordering the recommendations depending on the weight and significance of the identified problem

Post-visit reports

Addressees:

- management of the establishment

- supervisory bodies

- judge supervising the unit

- chief chaplain

- non-government organisations (Agreement on the Implementation of OPCAT, Helsinki Foundation for Human Rights)

Verifying how the recommendations are implemented

Awaiting the reply from the addressees of recommendations (about one month)

Exchange of correspondence with the management of the establishment (and with its supervisory bodies, if necessary)

Ad-hoc visits

Examples of violations

Sobering station – behaviour of the staffRooms with transparent walls in psychiatric

hospitalYouth sociotherapy center – punishmentOverpopulation in penal institution

Outcome of NPM activity

Rasied human rights awarness of the societyConferences invitation Dialogue with persons in charge of places of

detentionMotions to State bodies and Constitutional

Tribunal

Thank you for your attention

Sources:Report of the Human Rights Defender on the Activities of the National PreventiveMechanism in Poland in 2009, Human Rights Defender Office, Warsaw 2010 Monitoring Places of Detention: a practical guide, APT Geneva 2004Photographs used in the presentation come from www.google.pl

National Preventive Mechanism in Poland. Setting - up 8. 07. 2005 – OPCAT Ratification 18. 01. 2008 – Human Rights Defender as NPM.

Documents

visit slide

establishment slide

team slide

director slide

place slide

npm slide

poland slide

summingup conversation