On 16 January, the Helsinki Foundation for Human Rights as the first non-government organization appeared as amicus curiae (‘friend of the court’) in a trail held before the Constitutional Tribunal. During the hearing of the constitutional complaint filed by Tomasz D. the HFHR was represented by Professor Andrzej Rzeplinski, see picture. (20-JAN-06)

Tomasz D.’s complaint concerned the dismissal of the cassation by Supreme Court of Poland as a result of an “obvious lack of legitimacy”. Prior to this the Foundation presented a written amicus curiae brief in this case, in which it called into question the consistency of Article 535 § 2 of the Code of Penal Proceedings with Article 45 in connection with Art. 2 of the Constitution of the Republic of Poland. This regulation allows for the dismissal of a cassation considered as ‘obviously illegitimate’ in penal cases without the need to prepare any kind of written justification.

The Constitutional Tribunal rulled that Art. 535 § 2 of the Code of Penal Proceedings is inconsistent with the Constitution. At the same time, it postponed the verdict’s entry into force by 12 months, giving the legislator time to adopt appropriate legislative changes.