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CPT report on the situation of detained persons and prisoners in Poland
The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published a report on Poland. The Helsinki Foundation for Human Rights arranged a press conference devoted to the findings of the report. The report describes the situation in Polish prisons and detention centres as observed during the CPT representatives’ visit to Poland in November and December 2009.
Constitutional Tribunal: criminal liability for insulting the President declared constitutional
On 6 July 2011 the Constitutional Tribunal (Trybunał Konstytucyjny, TK) ruled that a law under which the insulting of the President of the Republic of Poland in public is punishable with up to 3 years in prison conformed to the Polish Constitution. On 9 June 2010 the Helsinki Foundation for Human Rights filed an amicus curiae brief in this case with the TK.
A court in Lublin rules on the inadmissibility of extradition in line with the HFHR’s opinion
The Court in Lublin has ruled on the inadmissibility of surrendering the wanted A.K, a Belarus citizen, to the judicial authorities in Belarus. The ruling has already become final and binding.In its decision the Court referred to, among other things, information provided by the Helsinki Foundation for Human Rights.
Secret surveillance of Polish journalists declared legal
On 22 June 2011, the District Court for Warszawa-Śródmieście dismissed Wojciech Czuchnowski’s appeal against the decision to discontinue the probe conducted by the Regional Public Prosecutor’s Office in Zielona Góra. In January 2011, Wojciech Czuchnowski was awarded victim status in this case. The Judge held that the police officers had no intent to harm Wojciech Czuchnowski in any way.
The future of Schengen cooperation
At the 23-24 June 2011 meeting of the European Council, held in Brussels, the EU Member States’ heads of government and state discussed the impact of increased immigration on the Schengen Agreement, the treaty which removed internal border controls in the countries forming the Schengen Area. The proposal to depart from the Schengen rules, one of the most notable achievements of the European integration, must give rise to serious doubts.
RPO’s motion to the Constitutional Tribunal to conduct a constitutional review of the laws governing
The Human Rights Defender (RPO) filed motion with the Constitutional Tribunal (TK) to conduct a constitutional review of the laws governing the use of technical measures as part of investigative techniques used by law enforcement agencies. The RPO cites the HFHR’s statement on the matter.
HFHR’s negative assessment of amendments to the law proposed in relation to the preparations to EURO
The Helsinki Foundation for Human Rights has made a critical assessment of the legislative process for the amendment of a number of laws needed to properly organise the European Football Championships EURO 2012. In particular, the HFHR has reservations regarding the course of the work done so far.
Legal executives: how qualified they will be?
According to the proposed scheme of the legal executive profession (‘doradca prawny’), law graduates will be qualified to provide legal advice and draft legal opinions, pleadings and contracts. They will also be authorised to act before public administration bodies and represent clients in civil matters pending before the lowest level (district) courts. In the opinion of the HFHR, such a proposal raises substantial doubts.
Another ECHR judgement on the Polish lustration case
The European Court of Human Rights (ECtHR) delivered the judgement in the case of Zabłocki v. Poland (31 May 2011, Application No. 10104/08), another decision concerning legal measures used in the Polish lustration proceedings. Once again, the Court found a violation of the right to a fair trial under Article 6 § 1 read in conjunction with Article 6 § 3 of the Convention.