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On the 28 September 2008, the European Court of Human Rights ruled that the extradition of Nikolay Ivanovich Soldatenko to Turkmenistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment) as well as a breach of Article 13 (right to an effective remedy) and of Article 5 §1 (f) and §4 (right to liberty and security).

The Helsinki Foundation for Human Rights is one of this year’s winners of the Sergio Vieira de Mello Award. The Prize is awarded for active involvement in peaceful coexistence and cooperation of communities, religions and denominations, and cultures. Right, de Mello, who was killed in a bomb attack in Baghdad in August 2003.

Last week the last session of the Advanced Human Rights Course organized by the Helsinki Foundation for Human Rights (HFHR) ended. Participants from the 12 countries of the Commonwealth of Independent States (CIS) came to Warsaw in order to enhance their knowledge and skills about human rights. (17-SEP-08)

Last week the Polish Prime Minister Donald Tusk confirmed that the head prosecutor of the country is investigating the issue of a secret CIA prison on Polish territory during the period from 2002-2005. Polish politicians had persistently denied the existence of any illegal CIA detention site, where possibly Islamic terrorists were illegally kept and tortured. (09-SEP-08)
 

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)