4.1Inleiding
In haar tussenuitspraak van 16 mei 2024 heeft de rechtbank vragen gesteld in het kader van de
beoordeling of sprake is van een algemeen gevaar van onmenselijke of vernederende detentieomstandigheden voor personen die zich in Polen in voorlopige hechtenis bevinden.
Bij uitspraak in een andere overleveringszaak, op 5 juni 2024, heeft de rechtbank een dergelijk algemeen gevaar aangenomen ten aanzien van alle personen die zich in Polen in voorlopige hechtenis bevinden.
Op 11 juni 2024 hebben de Poolse justitiële autoriteiten de bij tussenuitspraak van 16 mei 2024 gestelde vragen beantwoord (voor zover van belang weergegeven):
“
(…) It should be noted that the Polish authorities are aware of the importance of maintaining a balance between the rights of pre-trial detainees and the obligations imposed on them. Moreover. the organization of educational and entertainment activities plays an important role in promoting the foundations of tolerance, equality, developing social relations and functioning in a group, observing rules, self-discipline and active leisure time.
In the Act, the Executive Penal Code explicitly refers to this in Article 135, according to which prisons create conditions for convicts to spend their free time appropriately. For this purpose, cultural and educational activities, physical education and sports are organized and social activity of convicts is stimulated. Moreover, in every prison there is, in particular, a book and newspaper rental for convicted persons and the possibility of using audio-visual devices in common rooms and for residential purposes, without the convicted person disturbing the established order in the prison by using these devices. In addition, this area of activity is dedicated to the provision 136 of the Code, which states that convicts can be allowed to form teams for cultural, educational, social and sports activities. (…)
As regards the time spent in detention centres for this type of activity - using Order No 21/2023 of the Director of the Warsaw-Sluzewiec Detention Centre of 17 July 2023- it should be pointed out that the time spent by detainees on walks, development activities (such as discussions on current topics, watching television programmes and film screenings, reading hooks and newspapers, sports and physical culture activities, services, religieus meetings, individual creative activities, inventor, artistic activities) in the aforementioned establishment was set at 08:00 - 18:25 (including a 45-minute meal break). In the case of walks of pre-trial detainees, in accordance with paragraph 25 of the Rules of Procedure, they take place under the supervision of an officer in a designated place in the open air, (…)
Responding to the issues concerning the number of visits granted to pre-trial detainees, it is necessary to cite the wording of Article 217( 1) of the Executive Penal Code, which states that a pre-trial detainee may obtain a visit after an order authorising a visit has been issued by the authority at whose disposal he remains. At the same time, the regulations in force in Poland give the pre-trial detainee the right to at least one visit per month with a loved one, (…). In practice, a minimum visitation order is usually issued during the initial period of imprisonment. The Public Prosecutor's Office shall take a decision in that regard, taking into account the interests of the ongoing proceedings.
Addressing the subject of space in a multi-person or single-person residential cell, the rule is that the area per sentenced person may not be less than 3 square meters (Article 110 of the Executive Penal Code), (…).
I would also like to inform you that [opgeëiste persoon] , if issued, will be placed in the Warsaw-Sluzewiec Pre-trial Detention Centre or the Warsaw-Białołęka Pre-trial Detention Centre. The decision on this matter will be taken by the court applying the detention."
In het proces-verbaal van de zitting van 18 juni 2024 heeft de rechtbank nadere, op de situatie van de opgeëiste persoon toegespitste, vragen gesteld.
Op 8 oktober 2024 heeft het IRC deze vragen aan de uitvaardigende justitiële autoriteit voorgelegd, zij het dat de vraag “
3)Indien hij ervoor kiest deel te nemen aan alle aangeboden activiteiten, hoeveel uur per dag zou hij dan minimaal buiten zijn cel verblijven?” (onderstreping door de rechtbank) niet geheel conform de vraagstelling van de rechtbank is gesteld.
De vragen zijn op 21 oktober 2024 beantwoord (voor zover van belang weergegeven):
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(…) please kindly be advised that [opgeëiste persoon] , (…), after being transferred to the Republic of Poland, shall be placed in Warsaw-Sluzewiec custody suite or Warsaw- Białołęka custody suite.
In their facilities inmates have the possibility of taking advantage of cultural and educational activities being organised in the residential ward where they are accommodated. In practical terms, this means that competitions and common room activities are organized in accordance with the timetable. Inmates have the opportunity to use the common room of the residential ward, including the table tennis table, gymnastic mats, climbing frame and recreational exercise instruments. The use of the common room takes place according to the timetable, minimum twice a week, for one hour. In the event the common room is free and an inmate wishes to use it outside the timetable, it shall be made available to him.
Inside the aforementioned penitentiary units operates a library and a radio broadcasting centre. Books are delivered to residential cells on the basis of orders.
(…)
Circles of interest are also organised in accordance with the weekly timetable of cultural and educational, sports and general development activities, during which sports equipment is available.
The regulations also provide for those detained on remand to receive prizes in the form of a permission to attend cultural and educational activities more often, permits for longer visits, expungement of all or some disciplinary penalties, prize in kind or cash, praises, additional or langer walks.
There is no exact time limit set out in the suite for the in mate to spend outside his cell or on the number of activities during the day, which the inmate can attend.
As regards the use of phones by the inmates or participating in meetings with the next of kin or with the defence counsels, according to the information received inmates detained on remand are entitled to use a payphone to contact the defence counsel as well as their family and next of kin.
Inmates can use the payphone at least twice a week, from Monday to Sunday, between 8 a.m. and 6 p.m. (…). Inmate may use the payphone with prior consent of the disposing authority for the use of payphone (…). The permission to use the telephone or for a visit, shall be given by means of an order issued by the public prosecutor, immediately after the inmate submits the request in this regard.
The person detained on remand is entitled to at least one visit per month from an immediate family member.
The penitentiary units are not in a position to guarantee that the personal space made available to the inmate will be 4 square meters. I would like to point out that the space of a residential cell designated for one inmate in the detention facilities is 3 up to 4 square meters per person. The usable area of residential cells, which is taken into account when calculating purpose and capacity, is the area excluding doorways, radiator niches and the area of sanitary conveniences.
(…) In addition to the possibility of attending all kinds of cultural and educational activities, in particular he has the right to at least one hour walk (…).”