Standards for dealing with „dangerous prisoners” in ECtHR jurisprudence - prohibition of torture or inhuman or degrading treatment or punishment Cover Image

Standardy postępowania z tzw. więźniami niebezpiecznymi w orzecznictwie ETPCz – zakaz tortur, nieludzkiego lub poniżającego traktowania albo karania
Standards for dealing with „dangerous prisoners” in ECtHR jurisprudence - prohibition of torture or inhuman or degrading treatment or punishment

Author(s): Agnieszka Magdalena Świergała
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Criminology, Penology, Penal Policy
Published by: Stowarzyszenie Mage.pl
Keywords: dangerous prisoners; penalty of imprisonment; Imprisoned persons; penitentiary regulation; human rights;

Summary/Abstract: On 24 October 2015, an amendment to the Executive Penal Code came into force, the purpose of which was to adapt Polish law to the judgments of the European Court of Human Rights in Strasbourg on the high-profile matters: Horych v. Poland and Piechowicz v. Poland. The purpose of this article is to analyze the compliance of the current regulations with the standards of dealing with persons posing a serious danger to society or to the security of a prison, resulting from the ECtHR jurisprudence. At present, there are no decisions of the Tribunal covering the current legal status, however, it seems that the recommendations resulting from its case-law have not been fully implemented, as a result of which subsequent cases may be lost by Poland.

  • Issue Year: 14/2018
  • Issue No: 2
  • Page Range: 4-14
  • Page Count: 11
  • Language: Polish