Commissioner for Human Rights

Since 2015, the Commissioner for Human Rights has been systematically urging the government to introduce the crime of torture into Polish legislation. This requirement is stipulated by the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984. Although the Polish Constitution and Criminal Code prohibit torture and inhumane treatment, the Commissioner emphasizes that existing regulations are insufficient and that recognizing torture as a distinct crime is necessary to enhance protection against such violations. The Commissioner notes that the criminalization of torture not only contributes to its eradication, but also strengthens social awareness and Poland's international standing in the protection of human rights.

The Committee Against Torture, responsible for monitoring the implementation of the Convention, has repeatedly recommended that Poland take effective legislative measures to incorporate the crime of torture as a distinct and specific offense in national law and to adopt a definition of torture. A similar recommendation was made by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) in its report following a visit to Poland in 2018.
The CHR asked the Minister of Justice to take a legislative initiative to fully implement the UN Convention in Polish legislation, which would include, among other things, introducing a separate crime of torture and providing appropriate training for judges and prosecutors.

In its response, the Ministry of Justice indicated that it considers the issue of the criminalization of torture to be extremely important, requiring for legislative as well as symbolic reasons a separate regulation in the Criminal Code. It shares the position of the Commissioner and declares its support for initiatives aimed at criminalizing torture as a sui generis crime in Polish criminal law.