In addition, the tasks of the Mechanism were performed by four employees of
the Public Administration, Healthcare and Protection of Aliens Department, who
carried out visits to centres for aliens applying for refugee status or asylum,
deportation centres, guarded centres for foreigners and psychiatric hospitals. The
employees of that Department also supported the Labour Law and Social Insurance
Department on visits to social care centres (two employees).
The abovementioned employees of the Office of the Human Rights Defender
are employed full time, and the majority of them have performed NPM tasks from the
moment this function was entrusted to the Human Rights Defender. In addition, the
tasks of the National Preventive Mechanism were performed by: two employees from
the Local Group in Katowice, one from the Local Group in Wrocław and two from the
Local Group in Gdańsk. All of them have been trained in the methodology of visits.
It should nevertheless be pointed out that until the end of December 2010 all
employees mentioned above had also performed statutory tasks of the Defender, i.e.
examined numerous motions sent by citizens.
On 14 October 2010, the “National Preventive Mechanism” Group was
sectioned off based on the new statute of the Office of the Human Rights Defender
granted by the Marshal of the Sejm. Since 2011, the Mechanism activity has been
carried out by one Group visiting all places of detention referred to in Article 4 of
OPCAT.The Group comprises eight persons, including the Director and a secretary.
3. Financing of the National Preventive Mechanism in Poland
Along with entrusting the Polish Ombudsman with the tasks of the National
Preventive Mechanism as of 18 January 2008, the Government of the Republic of
Poland did not allocate funds necessary for the performance of tasks stemming from
the Optional Protocol to the UN Convention Against Torture, Inhuman or Other
Degrading Treatment or Punishment, which is its obligation pursuant to Article 18(3)
of the OPCAT.Only on 1 July 2008 did the Minister of Finance, pursuant to the
Decision amending the state budget for 2008, allocate PLN 426 thousand from the
budget reserve to finance the activity of the National Preventive Mechanism in 2008.It
allowed to facilitate preventive visits to various places of detention located throughout
the country.
Last months of 2008 were devoted to gaining funds for the activity of the
Mechanism in 2009. The draft budget of the Human Rights Defender for 2009
allocated PLN 2.5 million for the functioning of the Mechanism. It was assumed that
the activity of the Mechanism would be intensified in the second year of its
functioning in Poland by, inter alia, increasing the number of staff, which at the same
time would allow to check regularly how persons deprived of their liberty were treated
in places of detention, with the aim to strengthen, if necessary, their protection against
torture and other cruel, inhuman or degrading treatment or punishment. During its
work on the 2009 budget, the Sejm Public Finance Committee cut funds for this
objective completely. Therefore, the Human Rights Defender exercised his
constitutional right and presented his position on this matter at the plenary session of
the Sejm of the Republic of Poland. It had a positive result in the form of PLN 1400
thousand being allocated for the activity of the National Preventive Mechanism in
Poland. However, it was just a drop in the ocean and it did not allow to develop the