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The Central Prison Service Authority reports that the average population of penal institutions and remand centres in Poland stands at 97.8 per cent of the institutions’ capacity. Yet, the detailed statistical data from mid-July 2011 indicate that in many places the occupancy level exceeds 100 per cent, reaching the alarming 129 per cent in some establishments.

It has come to the attention of the HFHR that in June 2011 the Polish Prosecutor General’s Office has provided Belarusian authorities with details of the Polish bank accounts held in the name of Ales Belyatsky, head of the Human Rights Centre Vesna, a Belarusian human rights advocacy. We have received these disturbing news from Mr Belyatsky’s associates.

Another hearing in the case for personal interests infringement brought against A.J. was held before the Circuit Court in Tarnów. The claimant, mayor of the town of Ryglice, asserts that he lost the local elections because of an insulting comment of an anonymous user that had been posted under an article at the respondent’s blog. He makes his claim even though A.J. almost instantly blocked the comment.

HFHR regrets to inform that on 4 August 2011 our friend Ales Bialiatski, head of the Human Rights Centre Vesna and Vice-President of the International Federation for Human Rights was arrested in Minsk, Belarus. Ales has been long engaged in promoting democracy and human rights in Belarus. In June, he was presented with the Freedom Award in Wrocław.

On Thursday, 4 August 2011, the Circuit Court in Lublin dismissed the appeal brought by Zbigniew Ż., found guilty of defaming his neighbour D.R. by calling him ‘a Police snitch’. The incident took place at courtroom during the trial of D.R., who was charged with assault causing bodily harm. Zbigniew Ż. was a witness in the case. The HFHR observed the trial.

In his complaint submitted to the Constitutional Tribunal K. P. challenges the constitutionality of article 19 of the Police Act. Article 19 enables the authorities to gather materials documenting contacts between defendants and their attorneys, obtained through investigative methods. The provision in question creates no procedure for requesting that such materials be destroyed.

On Tuesday, 26 July 2011, the Helsinki Foundation for Human Rights and the Polish Chamber of Press Publishers submitted their comments to the government’s bill amending the Access to Public Information Act and certain other acts. The comment raised the issue of the bill’s ambiguous provisions, primarily article 5a added directly prior to the document’s publication.

The District Court in Września officially allowed the journalist of a local newspaper to read files of a case that had been closed to the public. However, once Tomasz Sz. used this privilege and subsequently wrote an article on the trial, he was held criminally liable. The matter is being monitored by the Observatory of the Freedom of Media in Poland Programme.

On Monday, 18 July, the court heard the case of Krzysztof Kuszeja, an artist from Łódź. Kuszeja is a 47-year-old graduate of The Strzemiński Academy of Art in Łódź who earns his living as a computer graphic designer and paints in his spare time. In some of his works, Mr. Kuszeja deals with social issues that are often controversial in nature.