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Conclusions and recommendations of the Committee against Torture, Poland, U.N. Doc. A/49/44, paras. 66-73 (1994).


Convention Abbreviation: CAT


Conclusions and recommendations of the Committee against Torture


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.



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