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After resubmitting the questions posed to the Regional Director of the Prison Service in Krakow, I present the following position:
1. Persuant to article 110 § 2 of the Executive Penal Code, the area of a residential cell per convict is no less than 3 square metres. According to this article, this standard will be maintained for persons deprived of their liberty if they are placed in penitentiary units subordinate to the District Director of the Prison Service in Kraków.
2. According to article 207 of the Executive Penal Code, "The execution of pre-trial detention serves the purposes for which this measure was applied, and in particular, to secure the proper course of criminal proceedings." Therefore, the activity of persons under temporary detention is carried out under the principles specified in the provisions governing the execution of pre-trial detention. Persons under temporary detention have the opportunity to participate in all available forms of cultural, educational and sports activities, or employment under the principles specified in Article 218 of the Executive Penal Code. In addition to regular activities, similar to those in which all convicts participate (recreational, sports, cultural and educational activities), pre-trial detainees are activated by the opportunity to participate in various types of activities directed exclusively at this category of inmates, depending on the cultural and educational offer available in individual detention centers. This offer is updated on an ongoing basis depending on the needs and capabilities of a given penitentiary unit. It should be noted that the use of all proposed and available forms of activity is voluntary and not obligatory, therefore determining the exact number of hours that an inmate will spend outside of his cell during the day is difficult to estimate. It should be noted that an inmate's stay outside their cell also includes one hour of walks per day, visits to a counselor, conversations with a psychologist, visits to the bathroom, the outpatient clinic, and, upon obtaining permission from the body in charge of the inmate, visits from defense attorneys and loved ones, as well as the use of a self-paying telephone.
With the above in mind, the duration of an inmate's stay outside their cell depends not only on the services offered and the actions of the detention center administration, but also on the individual needs and preferences of the inmate. Therefore, it is impossible to estimate.”