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May 16, 2012

The court allowed, the court convicted: judgment in the case of journalists from Września

A journalist and the editor-in-chief of a local newspaper were proclaimed guilty of disclosing information on closed-door court proceedings. The guilty verdict was rendered despite the fact that it was the court itself who had allowed the journalists to access the records of the proceedings to write a newspaper article.

May 9, 2012

Constitutional Tribunal proclaims the amendment to the Access to Public Information Act unconstution

The procedure employed to amend the Public Information Act fell short of the constitutional requirements for the legislative process, held the Constitutional Tribunal last week, deciding the motion brought by Poland’s President.

May 8, 2012

Professor R.Legutko ordered to apologise Wrocław secondary school students

The Circuit Court in Cracow found Prof. Legutko, a former conservative education minister, currently a member of the European Parliament, in breach of the personal interests of two Wrocław secondary school students. Mr Legutko had called them, among other things, “snots spoilt by their parents” and named their actions “a typical, infantile tantrum”.

May 4, 2012

Prosecution Service issued a statement on the alleged CIA prisons

According to the statement of the Appellate Prosecutor’s Office in Cracow received by the HFHR, in the course of the investigation involving the offence under article 231(1) of the Criminal Code (abuse of power) the prosecutors interviewed 62 persons and collected 20 volumes of evidence.

May 2, 2012

Rzeszów court: Musa Dogan will not be extardited to Turkey

The Circuit Court in Rzeszów ruled that the Musa Dogan’s extradition to Turkey would be inadmissible, citing the risk of torture as one of the grounds for the decision.Musa Dogan is a Turkish Kurd. In 1996 he was sentenced to harsh life imprisonment by the State Security Court in Izmir.

April 26, 2012

ECHR decided a case of Kaperzyński v. Poland

The European Court of Human Rights delivered the judgement in the case of Kaperzyński versus Poland. The case concerned a conviction for the failure to publish a correction to a press article. The Court held unanimously that the criminal liability for the failure to publish a correction violated the freedom of speech.

April 25, 2012

Homosexual refugee must return to Uganda

The Polish Council for Foreigners decided to expel a homosexual from Uganda to his home country. The Council upheld a decision of the Head of the Office for Foreigners who refused to grant the foreigner a refugee status or other type of protection. The Ugandan came to Poland in August 2009 and applied for a refugee status. He claimed that in his country of origin he had been persecuted because of his sexual orientation

April 19, 2012

Supreme Court: the hearings open for the public. Usually…

Supreme Court decided that hearings in criminal cases should be held in open court. This resolution, adopted in March by a seven-judge panel of the Court, resolved a long-lasting legal dispute concerning the possibility of the members of the public to attend criminal trials.

April 18, 2012

Criminal sanction for refusal to publish a correction remains the law. HFHR’s critical review

As a party invited to the public consultations, the HFHR presented before the Sejm and Senate committees a critical review of the draft amendment to the provisions on correction and response in the Press Act. The Foundation prepared a long list of reservations concerning the draft prepared by the Sejm and Senate committees.