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The Helsinki Foundation for Human Rights (HFHR) is filing a complaint in the case of Wilhelmus S., who is imprisoned in the Republic of Poland and a citizen of the Netherlands. He is suffering from cancer at a serious stage but has not been provided yet with adequate medical care. HFHR argues that this is a violation of Polish and international law and that Wilhelmus S. has the right to receive sufficient medical treatment. (03-SEP-08)

The conflict in Georgia made Poles show their support for the Georgian people in different ways. Besides concrete actions on the official level, also the public wanted to express solidarity with the Georgian nation.

The Helsinki Foundation for Human Rights filed an amicus curiae brief concerning the constitutional complaint of Jacek G., a case involving the ability of detention facilities to house prisoners under conditions in which each prisoner has less than 3 sq.m. of living space.  On May 26, 2008, the Constitutional Tribunal found that Article 248 § 1 of the Penal Code, which allows the detention of prisoners under these conditions for an indeterminate length of time, is inconsistent with the right of all citizens to be treated in a humane manner under Articles 40, 41.4, and 2 of the Constitution. (18-JUL-08)

The Helsinki Foundation for Human Rights filed a complaint in the case of Marian Maciejewski, a case concerning the standard of care in defamation law. The disputed article (Article 213 § 2 of the Penal Code) provided that journalists and others could only escape criminal liability for defamation if (1) their allegations were true, and (2) their allegations served a socially legitimate interest.  On May 12, 2008, the Constitutional Tribunal found this understanding of the provision incompatible with Articles 14 and 54 of the Constitution, which protect freedom of the press and freedom of expression.  (16-JUL-08)

On April 23, 2008, the Constitutional Tribunal held that the section of Article 52 of the Medical Code that prohibits doctors from publicly disparaging one another was incompatible with the freedom of expression and criticism provisions in Article 54 of the Constitution. The Helsinki Foundation for Human Rights filed a complaint on behalf of Zofia Sz. challenging the constitutionality of Article 52 of the Code of Medical Ethics, which provides in relevant part: “Physicians should caution in formulating an opinion about the professional activities of another doctor, and in particular, should not publicly disparage another doctor in any way.” (14-JUL-08) 

For nearly two years now the European Commission has been demanding for Republic of Poland to amend the contents of regulations concerning equal treatment implemented in the labor code. This relates to European regulations included in EU Directive 2000/78, which establishes general framework conditions for equal treatment in employment and labor. The European Commission has commenced penal proceedings against Republic of Poland due to this unjustified delay.(30-JUN-08)

Disputes quite regularly break out in the Republic of Poland over the issue of abortion. The Polish society recently carried on a heated discussion after the media publicized the case concerning the refusal to perform an abortion for a fourteen-year-old, who was impregnated as a result of a crime. In such a case Polish law permits an abortion to be performed during the first 12 weeks of pregnancy. As usual Poles were divided over this issue. (27-JUN-08)        

The Helsinki Foundation for Human Rights, the Civil Development Forum Foundation and the research and advisory firm Komitywa.com. have jointly prepared a report on the usefulness of Polish courts’ websites for citizens. The authors of this report write: ‘If someone wishes to see what Poland’s Internet looked like ten years ago, he/she can easily move back in time by browsing through the internet news bulletins of Polish courts’.(13-JUN-08)

Length of judicial proceedings, overcrowding in prisons, situation of national minorities, education, domestic violence, women’s rights or freedom of the media – these are only some of the issues that concerned Thomas Hammarberg, Council of Europe Commissioner for Human Rights, who visited Republic of Poland last week.(3-JUN-08)