Information on issuing certificates to the victims of torture or rape
Starting from 5 March 2026, the Head of the Office for Foreigners issues certificates to the victims of torture or rape, being the temporary protection beneficiaries holding the PESEL number with UKR status, in order to confirm such a circumstance. In order to issue the certificate confirming such a circumstance, the temporary protection beneficiaries, who due to the Russian aggression on Ukraine became the victims of torture or rape, should attach all related documents, among others medical and judicial documents as well as information on reporting these facts to the law enforcement authorities, to the application for issuing the certificate.
Pursuant to the international law, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
At the same time, pursuant to the Penal Code, rape means subjecting any person to sexual intercourse by force, illegal threat or deceit, while the amendment of 28 June 2024 introduced a new variant of the offender’s behaviour consisting in subjecting to sexual intercourse in any other manner despite no consent of the other person.
Legal basis: Article 217 § 2(1) of the Act of 14 June 1960 – Code of administrative procedure (uniform text in Journal of Laws of 2025, item 1691) in conjunction with Article 112c(4)(2)(a) of the Act of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland (uniform text in Journal of Laws of 2025, item 223, as amended), Convention against torture and other cruel, inhuman or degrading treatment or punishment. Adopted by the General Assembly of the United Nations on 10 December 1984 (Journal of Laws of 1989, No. 63, item 378), Article 197 of the Act of 6 June 1997 – Penal Code (uniform text in Journal of Laws of 2025, item 383, as amended).