147. In reply, the representative of the State party noted that a number of
reforms in the criminal code had been undertaken. As a result/ it was now
possible for detainees to have recourse to the courts and the principle of
compensation had been extended to wrongful detention. Detainees also had to
be informed of the reasons for their detention. Under the proposed new
provisions of the criminal code, only the court concerned could order pretrial
detention for a period of more than three months and not more than six months
unless that decision was taken by a higher court. Only the Supreme Court
could order pretrial detention for more than one year. In general, the
maximum duration of pretrial detention did not exceed 18 months, or 2 years in
the case of murder. Only the Supreme Court could extend those periods. The
maximum length of pretrial detention was not established by law in Poland. At
each stage of the judicial proceedings the detainee had the opportunity to
apply for review and to appeal against a rejection of that application, with
reference to the right of a suspect to consult a lawyer, the relevant
regulations had been changed so that this was now possible without anyone else
being present.
148. The bill prepared by the Minister of Justice relating to the protection
of mental health was now ready for submission to the Council of Ministers.
The original draft of the bill had incorporated a number of progressive
measures, including free treatment and free medicine for the mentally ill,
special protection for their employment contracts and special social
benefits. However, as such proposals would have entailed significant
financial implications difficult for the State to bear, some of the provisions
of the draft had to be abandoned. The limitation of freedom of persons
confined to psychiatric hospitals was an important problem. At present, the
lawfulness of such confinement was monitored by the prosecutor. There was an
urgent need to amend the regulations of the protection of mental health with a
view to ensuring that persons in psychiatric hospitals were treated in
accordance with generally accepted international norms. A law on the matter
was to be discussed in Parliament in the near future.
Treatment of prisoners and other detainees
149. With reference to that issue, members of the Committee wished to know
whether investigations into the cases of ill-treatment mentioned in the report
had taken place and, if so, whether any criminal or disciplinary measures had
been taken against those found guilty; how extensive was the practice of illtreatment of persons remanded in custody and what specific measures had been
taken to prevent it; the number and nature of protests against abuses of
authority by officials submitted under the procedure mentioned in the report;
whether prosecution had been initiated against members of the civic militia
and security forces suspected of abusing their authority; what had been done
in regard to the training of officials having control over detained persons;
whether, under the reformed system, the public prosecutor retained the power
to limit access to a person held in pretrial detention by his family or
defence counsel; what had been done to reduce the length of pretrial
detention; whether the human rights of detainees were explained to them; what
reforms had been undertaken with respect to the police; and whether there were
minimum accommo ctations standards for detention centres. Additional
information was requested on the conditions of detention, especially with
regard to detention of juvenile offenders, and on the composition, powers and
activities of the Prison Patronage Association,
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