CAT/C/POL/CO/7
Non-refoulement and amendments to the law on protection for foreign nationals
25.
The Committee is concerned:
(a)
That persons in need of international protection are not always given access
to the territory of Poland, in particular at the Terespol border crossing with Belarus and the
Medyka border crossing with Ukraine, even in the case of vulnerable persons;
(b)
That the draft amendments to the law on protection for foreign nationals,
which were adopted in February 2019, may limit further access to the State party’s territory,
with the introduction of border proceedings under an accelerated procedure whereby a
decision is given in 20 days that would result in the refusal of asylum claims, and that
appeals to the court in the context of border proceedings would not have a suspensive effect;
(c)
That families with children and unaccompanied minors over 15 years of age
are being placed in guarded centres for foreigners, where conditions require improvements;
(d)
At the insufficient capacity to identify asylum seekers, refugees and other
persons in need of international protection who are survivors of torture and the lack of
adequate protection and care for survivors of sexual and gender-based violence (arts. 2, 3,
11–13 and 16).
26.
The State party should:
(a)
Enshrine in its legislation the principle that detention of asylum seekers,
and in particular children and vulnerable persons, should be used as a measure of last
resort, for as short a period as possible and in facilities appropriate for their status;
(b)
Ensure that that it complies fully with its obligations under article 3 of
the Convention and that individuals under the State party’s jurisdiction receive
appropriate consideration by the competent authorities and are guaranteed fair and
impartial review by an independent decision-making mechanism on expulsion, return
or extradition, with suspensive effect, and that such individuals have access to legal
assistance;
(c)
Refrain from placing persons in need of international protection, and in
particular children, in guarded centres for foreigners;
(d)
Ensure the rapid and appropriate identification of persons in a
vulnerable situation, including survivors of torture and ill-treatment, as well as sexual
and gender-based violence, and provide them with adequate access to health care and
psychological services;
(e)
Refrain from engaging in pushbacks and refoulement, and set up
accessible and protection-sensitive entry systems at border crossing points;
(f)
Consider ratifying the Convention relating to the Status of Stateless
Persons and the Convention on the Reduction of Statelessness.
Training
27.
The Committee is concerned that specific training on the provisions of the
Convention, and in particular on the absolute prohibition of torture, is not part of the
training of law enforcement and military officers, prison staff, border guards, judges,
prosecutors, forensic doctors and medical personnel. It is also concerned that the Manual on
the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol) is not part of the mandatory
training provided to medical personnel and other public officials engaged in the custody,
interrogation and treatment of persons subjected to any form of arrest, detention or
imprisonment (art. 10).
28.
The State party should:
(a)
Ensure that law enforcement and military officers, prison staff, border
guards, judges, prosecutors, forensic doctors and medical personnel receive training
on the provisions of the Convention, and in particular on the absolute prohibition of
torture;
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