Every person, even those deprived of liberty, has human rights, the violation of which may be particularly vulnerable to inmates. Due to this Art. 102. of the Executive Penal Code defines the most important rights of the convicted person.
The convicted person has the right in particular to:
- food, clothing, living conditions, rooms and health services as well as appropriate hygiene conditions appropriate for the maintenance of health;
- maintaining bonds with family and other relatives;
- exercise of religious freedom;
- receiving employment-related remuneration and social security, as well as assistance in obtaining disability benefits;
- education and self-education, as well as performing one's own creativity, and, with the consent of the director of the penitentiary institution, to produce and sell the manufactured items;
- use of cultural, educational and sports equipment and activities, radio, television, books and the press;
- communicate with a defense lawyer, attorney, competent probation officer and a representative of their choice;
- communicating with associations, foundations, organizations and institutions, churches and other religious unions and with trustworthy persons;
- getting acquainted with opinions drawn up by the administration of the prison, which are the basis for decisions made against him;
- submitting applications, complaints and requests to the authority competent to consider them and presenting them, in the absence of other persons, to the administration of the prison, heads of organizational units of the Prison Service, penitentiary judge, prosecutor and the Ombudsman;
- correspondence with law enforcement authorities, the judiciary and other state bodies, local government bodies, the Ombudsman, the Ombudsman for Children and bodies established on the basis of international agreements on the protection of human rights ratified by the Republic of Poland.
It should be emphasized that the convicted foreigner may correspond with the competent consular office or diplomatic mission and benefit from visits with a consular officer.
Bond with family
It is indicated that the convict should be allowed to maintain ties primarily with his family and other relatives through visits, correspondence, telephone calls, parcels and money transfers, and in justified cases, with the consent of the prison director, also through other means of communication (about visits and conversations). we wrote in separate articles).
Letters and correspondence
The director of a penitentiary facility may decide to retain correspondence in closed and semi-open prisons, and in semi-open prisons, also on censoring correspondence and controlling conversations during visits and telephone calls.
It is important to enable the convict to exercise religious freedom, which is expressed in the practice of faith in the conditions of the prison, performing spiritual service, and participating in rituals carried out in the prison on public holidays. It is also permissible to listen to the Holy Mass broadcast via the mass media. The convicts have the opportunity to confess and make personal visits to a church or religious clergyman. The clergyman can even visit the convict in his cell.
A convict in prison or remand prison receives three times a day a drink and meals of adequate nutritional value, including at least one hot meal, taking into account the type of work and age of the convict, and, if possible, religious and cultural requirements. The convict, whose health condition requires it, receives food according to the doctor's instructions.
Possession of certain items by the convict
The convicted person has the right to have in the cell:
- documents related to the proceedings in which he is a participant,
- food items with a weight not exceeding 6 kg,
- tobacco products,
- personal hygiene products,
- personal use items,
- letters and photos of family members and other relatives,
- objects of religious worship,
- stationery, personal notes, books, newspapers and day-room games.
The convict may also have audiovisual, computer equipment and other items in the cell, including those enhancing the aesthetics of the room or being an expression of the convict's cultural interests. The director of the prison may allow the convict to possess these items if it does not violate the rules of order and safety.
Use of company clothes, underwear and shoes
The convict receives clothing, underwear and shoes for use, unless he uses his own. This clothing should be suitable for the season. The convict is provided with the conditions necessary to maintain personal hygiene, in particular he receives bed linen from the prison and Other means for maintaining hygiene and cleanliness in the cell.
The convict enjoys the rest necessary for health. In particular, this realizes the right to a walk of at least one hour and eight hours of sleep time per day. The pregnant convicted woman has the right to a longer walk.
Purchases and packagesThe convicted person has the right to purchase foodstuffs, tobacco products and other products admitted for sale in the prison at least three times a month, for the funds remaining at his disposal in the deposit. The pregnant convicted woman has the right to make additional purchases.
In addition, the convicted person has the right to receive a food package purchased through the prison once a month. The convicted person receives a food package after placing the order in writing and after covering the costs of preparing the package. The order may also be placed by the closest person.
The convicted person may, with the permission of the director of the penitentiary institution, receive packages with the necessary clothing, underwear, footwear and other items of personal use and hygiene measures, and after a positive opinion from a doctor - also with medicines.
Parcels are inspected in the presence of the convict. Packages cannot contain articles which cannot be checked without significantly affecting their substance, as well as articles in packages that make it difficult to control their contents. It is impossible to deliver a package containing means of communication as well as items and documents that may pose a threat to order or security in a prison.
[Legal status as at August 2020]