On 30 July 2007, the Helsinki Foundation for Human Rights Precedent Case Program organized a debate on the need to amend the criminal code of procedure provisions concerning mandatory psychiatric observation of criminal defendants as part of criminal proceedings. (02-AUG-07)

Written by Agnieszka Chmielecka/ HRH
Sources: “Gazeta Prawna”, “Rzeczpospolita”

Decision of the Constitutional Tribunal of 10 July 2007
The debate, which included participation by lawyers and psychiatrists, was related to the decision of the Constitutional Tribunal from 10 July 2007, where the court declared provisions of the criminal code in this realm violate individual constitutional rights and freedoms.
There has been extensive reporting in the media of debate conclusions. These reports highlight the role HFHR played in obtaining the Constitutional Tribunal verdict.

Statistics
Dr. Jerzy Pobocha of the Polish Court Psychiatrists Association reported that there are 3-4 thousand psychiatric observations annually in Poland. Annually, approximately 800 individuals are subject to psychiatric observations under investigative arrest. In relation to that, psychologist Maryla Nowicka cited the opinion of Dr. Janusz Heitzman, director of Warsaw´s court psychiatry clinic, who claimed that 70% of observations [conducted there] were unnecessary.

Conclusions from the debate
Professor Andrzej Rzeplinski: “regulations are necessary, which will authorize Justice officials to limit citizens´ personal freedom only in unambiguous situations and pursuant to clear procedures.” The most important conclusion of the debate is that it is not only legal regulations that require repair, but primarily the bad practice of directing criminal defendants to mandatory psychiatric observations.