Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Poland’s Constitution (1997) states: “No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment.”
Poland’s Penal Code (1997) provides for the punishment of any person who, in violation of international law, causes “serious harm to [the] health [of persons hors de combat
, protected persons and persons enjoying international protection], [and] subjects them to torture or cruel or inhumane treatment”.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated: “Pursuant to article 40 of the Constitution, no one may be subject to torture or cruel, inhuman, or degrading treatment or punishment.”