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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.
Opinion on draft law on proceedings against mentally disturbed persons
The Helsinki Foundation for Human Rights has presented an opinion on the draft law on proceedings against mentally disturbed persons who pose a threat to life, health or sexual liberty of others. The Ministry of Justice’s bill is to authorise detention of violent offenders who already completed their prison term but are considered a threat to life and sexual liberty of other people.
Controversy over benefits paid by Social Insurance Institution
Letters received by the HFHR indicate that SII expert physicians and court experts issue contradictory decisions regarding the health condition of persons applying for accident benefits. This type of payments is awarded for work-related injury or occupational disease.
Message for Turkish Prime Minister
The HFHR sent a letter to Prime Minister of Turkey Recep Tayyip Erdoğan firmly opposing the latest announcements made by representatives of the Turkish government. The officials declared that the military may be used to suppress the protests erupting in Turkish cities. They also mentioned declaring martial law.
World Refugee Day
In the wake of the last week’s World Refugee Day and the Government’s adoption of a draft of the new Foreigners Act, the Helsinki Foundation for Human Rights and the Association for Legal Intervention would like to point the attention of the public to the detrimental effects of the new law on foreigners staying in guarded centres.
HFHR statement on streamlining public hearing procedure
The Foundation presented its proposals to streamline parliamentary public hearing procedure. In practice, the process is rarely used. So far, the 7th Term Sejm of the Republic of Poland has held only four public hearings. “Adopting a resolution to hold a public hearing of a bill is a difficult task in its own right: it requires a majority of votes in a committee which debates on the bill. In consequence, proposals sponsored by the Opposition are unlikely to succeed”, observes Michał Szwast, a lawyer with the HFHR.
Border Guard inquired about guidelines for EU citizen partner’s entrance right
The HFHR has requested the Chief Commissioner of the Border Guard to disclose information on the application of provisions concerning the right of entry to Poland for third country partners of EU citizens. Recently, the Provincial Administrative Court has returned two judgments revoking decisions of the Border Guard denying entry to Poland for non EU-partners of two Poles.
HFHR intervenes in matter of religious dietary regimens in prisons
The HFHR has sent a letter to the General Director of the Prison Service, responding to the reluctance of prison authorities to provide prisoners with a diet that meets their religious requirements. The Foundation referred to the ECtHR judgment in the case Jakóbski versus Poland, issued in 2010.
PAC will rule on extent of fiscal confidentiality
The HFHR has filed a complaint with the Provincial Administrative Court in Warsaw. The pleading concerned a decision of the Minister of Finance to deny the Foundation access to the document entitled “Responsibilities of Tax Audit Offices for 2013”. In its decision, the Minister argued that the requested document was covered by fiscal confidentiality, and as such was not subject to disclosure under the Access to Public Information Act.