Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions
and recommendations of the Committee against Torture
Poland
66. The Committee
considered the initial report of Poland (CAT/C/9/Add.13) at its 160th
and 161st meetings, held on 11 November 1993 (see CAT/C/SR.160 and
161), and adopted the following conclusions and recommendations:
A. Introduction
67. The Committee
thanks Poland for its report, and is grateful to it for having begun
a fruitful dialogue with the Committee through a highly qualified
delegation.
68. Even
though it is two and half years late, the report is in keeping with
the requirements of the Convention and the Committee's general guidelines
concerning the form and contents of initial reports.
B. Positive aspects
69. Poland
is one of the first Eastern European countries to bring about broad
and far-reaching reforms in all areas - political, economic, social
and legislative. It has ratified the European Convention on Human
Rights and the Convention against Torture without reservations, as
well as other international human rights instruments.
70. The Committee
notes with satisfaction the considerable progress made by the Government
of Poland in combating the various forms of torture. The reform of
prison legislation is of a high standard.
C. Subjects of concern
71. At the
same time, the Committee notes with concern that the reforms of criminal
legislation and criminal procedure are overdue and incomplete:
(a) The
legislation contains no definition of torture;
(b) The
Public Prosecutor has more powers than the courts;
(c) There
are no special provisions for compensating victims of torture.
D. Recommendations
72. The Committee
recommends that the Government of Poland should:
(a) Take
the necessary steps to have the new draft Penal Code and Code of Criminal
Procedure adopted, thus solving the specific problems brought about
by torture;
(b) Guarantee
and ensure adequate redress and compensation for victims of torture;
(c) Formulate
a specific training programme on torture for civilian and military
personnel, lawyers and the medical profession.
73. The Committee
hopes to receive information from the State party on the questions
raised by members of the Committee which have not been answered.
