Abstract
The aim of the study is to determine the current position of a Polish prisoner against the international background, with particular emphasis on the description of social and living conditions which are the closest to penitentiary everyday life. The study presents main acts of the international law and analyzes selected case-law of the European Court of Human Rights in determining standards for dealing with persons deprived of freedom, as well as the activities of international and national preventive mechanisms, in particular the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Ombudsman.
Highlights
INTRODUCTIONThe need to abandon their current lifestyle with all its consequences, the inability to meet basic spiritual and physical needs, as well as separation from loved ones, all of them meanthat detention in the conditions of penitentiary units becomes a painful ailment for convicts
Penitentiary confinement is undoubtedly an abnormal life situation for people experiencing it and causes a number of traumatizing and de-pressing factors
The study presents main acts of the international law and analyzes selected case-law of the European Court of Human Rights1 in determining standards for dealing with persons deprived of freedom, as well as the activities of international and national preventive mechanisms, in particular the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment2 and the Ombudsman
Summary
The need to abandon their current lifestyle with all its consequences, the inability to meet basic spiritual and physical needs, as well as separation from loved ones, all of them meanthat detention in the conditions of penitentiary units becomes a painful ailment for convicts. In view of the above, it is common ground that the penalty of deprivation of freedomof liberty is an indispensable tool for combating crime. It has been noticed that detention in itself, is a huge inconvenience that cannot constitute the only purpose. The supranational community, seeing the issue of prisoner detention, decided to regulate it in detail, which contributed to the development of international standards for the execution of imprisonment guaranteeing minimum penitentiary standards necessary for the proper implementation of the basic purpose of the detention penalty
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