While interrogated at the District Police Headquarters in Lidzbark Warmiński K.J. and K.W. were beaten by police officers who tried to force their testimonies. During the beating the police officers forced them to kneel on a chair with their faces to a wall and beat them with batons on the bare soles of their feet. Moreover, K.J. informed that he had been repeatedly slapped by a police officer in the face. In October 2012 both victims reported the crime, but the District Prosecutor’s Office in Bartoszyce discontinued the investigation. The Prosecutor’s Office grounded its decision on the failure to identify the perpetrators. However, the justification of the decision read that the beating had undoubtedly taken place. K.J. and K.W. filed a complaint against the decision to discontinue the investigation with the District Court in Bartoszyce. The District Court admitted the complaint and ordered prosecutors to continue the investigation. The case was re-opened by the prosecution service, but then the prosecutor’s office once again discontinued the proceedings, quoting the same reasons as before.
“This case is yet another example of a wider phenomenon of the abuse of force by police officers. We are becoming concerned by the scale of this phenomenon”, says Katarzyna Wiśniewska. “Undoubtedly, the described actions of the Police contravened the rights and freedom of the individual, especially the prohibition of torture”, adds Ms Wiśniewska.
We would like to remind our readers that the European Committee for the Prevention of Torture, in a report on the visit to Poland in 2009, recommended that police officers throughout Poland should be reminded that all forms of ill-treatment (including verbal abuse) of persons deprived of their liberty are not acceptable. Yet the statistical data provided to the HFHR by the National Police Headquarters shows that in the years 2007-2010 between 17,191 and 19,036 complaints against police officers were filed, out of which between 1,398 and 1,710 were found to be justified.
The Committee Against Torture suggested, in its recommendations published in November last year, that Poland should ensure the quick, effective and independent investigation of all cases involving the use of torture or abuse.
An application filed to the European Court of Human Rights in December 2013 alleged that Poland had violated the prohibition of torture in the discussed case. The application was prepared by the Strategic Litigation Programme. In the proceedings pending before the ECtHR the applicants are represented by Dr Adam Bodnar.
