FORCED FEEDING IN THE LIGHT OF ARTICLE 118 OF THE EXECUTIVE CRIMINAL CODE AND OTHER CIRCUMSTANCES OF THE APPLICATION OF THIS PROVISION TO PERSONS DEPRIVED OF LIBERTY IN PENITENTIARY INSTITUTIONS

<ns3:p>The publication discusses Article 118 of the Executive Criminal Code (k.k.w.), in particular paragraphs 2 and 4 thereof, which constitute the legal basis for medical intervention against the will of a person deprived of liberty when the life of a convicted person is in serious danger or when there is an immediate risk of the convicted person’s death. The article describes the current practice of applying this provision in penitentiary settings, in view of the limited number of publications devoted to this issue. In order to present and assess this practice, a dogmatic legal method was applied and cases examined by the Office of the Commissioner for Human Rights were analysed. In addition, the article discusses international standards stemming from the case-law of the European Court of Human Rights, recommendations of the Committee of Ministers of the Council of Europe, and the standards developed by the European Committee for the Prevention of Torture (CPT).On the basis of these findings, conclusions are drawn as to the need for legislative amendments and for the implementation of changes at the level of practical application of the discussed provisions, which constitute the basis for medical interventions with respect to persons conducting hunger strikes in prisons or refusing treatment in other types of situations. Since such action taken against a patient’s will constitutes a derogation from the general principle of personal autonomy and thus represents a serious interference with the right to personal dignity, potentially leading to degrading treatment, the application of Article 118 2 of the Executive Criminal Code requires particular caution and the taking of action at an appropriate time, that is, neither prematurely or preventively, nor too late.The article offers a new perspective on the use of Article 118 of the Executive Criminal Code in conditions of penitentiary isolation, not only in relation to persons refusing to take food but also with regard to persons suffering from mental illness. It also highlights cases of long-term, over one-year, forced feeding carried out on the basis of this provision. Furthermore, it discusses international recommendations on force-feeding, both those adopted several years ago and the most recent ones, which have so far not been addressed in the relevant literature.</ns3:p>