Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
Poland’s Penal Code (1997) states:
Anyone who uses violence or threat with intent to influence the witness, expert, translator, prosecutor or accused person or in relation to that infringes inviolability thereof shall be punished by imprisonment for 3 months to 5 years.
Any public official, or any person under his command, who uses violence, threat or in any other way abuses physically or mentally another person with the purpose to obtain certain testimonies, explanations, information or declaration, shall be punished by imprisonment for 1 to 10 years.
1. Anyone who abuses physically or mentally of an imprisoned person shall be punished by imprisonment for 3 months to 10 years.
2. If the perpetrator acts with particular cruelty, he shall be punished by imprisonment for 1 to 10 years.
3. § 1 and 2 applies accordingly to any public official, acting against his obligations.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
The Polish Penal Code (articles 245–247) determines penal liability for manifestations of cruelty towards persons deprived of liberty and subjects to penal liability public officials who use or threaten to use violence or commit offences of tormenting either physically or psychologically for the purpose of obtaining a testimony or information. Through these provisions Poland introduced into its legislature the principle of international accountability for the prosecution of actions which constitute acts of torture. Depending on the result of a prohibited act, which may be regarded as torture or other cruel, inhuman or degrading treatment or punishment, the Code envisages adequate sanctions.