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Amicus curiae brief in Delfi v. Estonia
The HFHR submitted an amicus curiae brief before the Grand Chamber of the European Court of Human Rights in the case Delfi AS v. Estonia. The matter revolves around a crucial contemporary problem related to the freedom of speech on the Internet, namely responsibility of website administrators for unlawful content published by other users. The brief has already been filed with the case file.
SAC: legalisation of stay necessary, based on right to family life
The Supreme Administrative Court (SAC) admitted the complaint of an Armenian citizen who appealed against a judgment of the Provincial Administrative Court in Warsaw. In the appealed ruling, the first-instance court upheld a decision of the Head of the Office for Foreigners to refuse the complainant a tolerated residence permit.
US prosecutors to disclose locations of Guantanamo inmate illegal detention and abuse
A military judge in Guantanamo has ordered US prosecutors to turn over classified information on the locations of CIA “black sites” where al-Nashiri was detained prior to his arrival at the base in 2006. According to the order, the prosecution is to provide details of the treatment al-Nashiri’s received in the facilities.
HFHR: amicus curiae brief on Assemblies Act in Constitutional Tribunal
The Constitutional Tribunal is to rule on two applications for the review of the Assemblies Act. The requests, filed by the Human Rights Defender and two separate groups of parliamentarians, argue that the 2012 amendment of the law rendered it unconstitutional. The Helsinki Foundation for Human Rights has presented an amicus curiae brief in the case, discussing the provisions challenged by the applicants.
Report: Court Experts in Poland
“The status of court experts, and in particular the rules governing the review of their skills and competences, should be set out in statute”, concludes the report “Court Experts in Poland” launched during a press conference held in the headquarters of the Polish Business Roundtable.
No more recognised victims in CIA black site investigation, for now
The Appellate Prosecutor’s Office in Cracow has refused to officially recognise Mustafa al-Hawsawi as a victim in the probe into the operations of a secret CIA facility in Poland. Mr al-Hawsawi is reported to have been detained and tortured on Polish soil. His attorney, advocate Bogumił Zygmont, said he would appeal against the prosecutor office’s decision.
CAB silent on the remote control of computers and phones
Responding to the Helsinki Foundation’s query about whether or not the Central Anti-corruption Bureau uses the Remote Control System software, the Bureau said that the HFHR’s question should be deemed a request for information on the applicable law and as such remains outside the scope of the Access to Public Information Act. The Foundation asked the same question of the Internal Security Agency. On 27 March 2014 the ISA responded that it did not use the Remote Control System software.
ECJ to strike down Data Retention Directive
The European Court of Justice declared the Data Retention Directive to be invalid in the judgment issued on 8 April 2014 in Joined Cases C-293/12 and C-594/12. According to the Directive telecommunications services providers were obliged to retain data of phone calls made by citizens of the European Union, including traffic and location data. The enactment also allowed courts, law enforcement authorities and secret services to access such data.
Weekly digest – Secret services hearing before Constitutional Tribunal adjourned sine die
After a three-day hearing the Constitutional Tribunal adjourned sine die the ruling on a case involving control over secret services. The case has been brought on the initiative of the Human Rights Defender and Prosecutor General. The applicants argue a constitutional violation caused by the absence of a clearly defined set of technical measures which may be used as covert investigative methods.