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August 7, 2013

ECtHR: refusal to publish advertisement does not violate freedom of speech

In JUly, the Strasbourg Court proclaimed judgement in the case of Remuszko v. Poland. The ruling concerned the freedom of speech aspect of the relations between advertisers and press publishers. The ECtHR held that Poland had not violated the European Convention on Human Rights.

August 2, 2013

Court: journalist writing about Augustów Roundup responsible for violation of personal interests

In early July 2013 the Court of Appeal in Białystok decided the case brought by S.W. against Alicja Maciejowska and the Institute of National Remembrance in Białystok, alleging a violation of personal interests.

August 1, 2013

Government to ratify Protocols abolishing death penalty

In July, the first reading of the government-sponsored bills on the President’s consent to the ratification of two Protocols completely abolishing the death penalty took place. The bills concern the Optional Protocol to the International Covenant on Civil and Political Rights and Protocol 13 to the European Convention on Human Rights which forbids the death penalty, even in times of war.

July 26, 2013

Defamation trial to set limits of freedom of online expression

A trial of Witold K., charged with defamation of his former employer, was launched in the District Court in Bydgoszcz. On one of the websites the defendant described his company as a “Polish labour camp”. The K.’s former workplace is a supported employment enterprise. On commencing his employment Witold K. was classified as having a mild level of disability. According to the defendant the company violated a number of labour laws.

July 25, 2013

Statement on exclusion of rehabilitation equipment from judicial enforcement proceedings

Under Polish law, rehabilitation equipment is not excluded from collection proceedings conducted by court enforcement officers. The Code of Civil Procedure contains an exhaustive list of movables which cannot be made subject to judicial enforcement. Rehabilitation equipment is not included in the list.

July 24, 2013

HFHR statement in Edward Snowden’s case

The media report that Edward Snowden, a former employee of the United States National Security Agency (NSA), has leaked information about the authorities’ involvement in the surveillance of US citizens and foreigners. Consequently, the US government has accused Mr Snowden of espionage.

July 18, 2013

New Convention Protocol open to signature

As from 24 June, state members of the Council of Europe may sign the new, already fifteenth Protocol to the European Convention on Human Rights. One of the modifications to be introduced by the new Protocol is a new time limit for lodging an application to the Strasbourg Court, which will be shortened from six to four months.

July 17, 2013

Polish prisons still struggling with overcrowding

The Helsinki Foundation for Human Rights, together with the Association for Legal Intervention, addressed the Council of Europe’s Committee of Ministers to refer to the Polish authorities’ failure to enforce judgments of the European Court of Human Rights made in cases involving the overcrowding of Polish prisons.

July 11, 2013

Judicial review of covert investigative methods analysed

The Constitutional Tribunal is currently reviewing the powers of the Police and other specialised law enforcement agencies to use various types of investigative methods such as wiretapping or obtaining telecommunication data. The proceedings were instituted upon the motions filed by the Human Rights Defender and the Prosecutor General. For the purposes of the present case the HFHR has analysed the judicial review of requests for applying such methods.