Newsletter 31 January – 6 February 2018
MAIN MATTERS
Cases of persons with mental illness or significant degree of intellectual disability, placed in prisons, are not a coincidence but a reflection of a system–related problem
It is necessary to change the legislation and practice concerning people with mental or intellectual disabilities who take part in criminal proceedings. Otherwise, the rights of such persons, their human rights, will be seriously endangered in our country, said Commissioner for Human Rights Adam Bodnar while presenting a report on a two-year survey conducted by the CHR Office experts. In that period they examined over 100 cases of persons with a mental illness or intellectual disability. As a result, the CHR challenged 45% of related court judgments: he filed 14 cassation appeals (13 have been accepted) and 22 motions to court presidents to resume the proceedings (18 have already been resumed), and submitted 25 interventions to relevant authorities [more].
On 30 January 2018, a very important judgment was passed by one of Polish courts, according to which the use of a taser gun against a detained person constitutes torture. The verbal statement of the grounds for the judgment was fully consistent with the conclusions of experts of the National Mechanism of the Prevention of Torture [more]. The European Court of Human Rights, in turn, issued a judgment in a case against Greece, stating that penalty for torture should be adequate to the gravity of the offence, as well as dissuasive [more].
THE COMMISSIONER ON CITIZENS’ ISSUES
The CHR: Why are men not allowed to use a sauna at the Aquapark in Wrocław? Is this consistent with the principle of equal treatment? [more].
There are no clear regulations on the administration of medicines to children in pre-schools. The issue is of great importance for pre-school children with chronic diseases. The Commissioner has written a letter concerning the problem to the Minister of Health [more].
Will persons living in informal relationships have the right to make decisions regarding the burial of their partners? The Minister of Health’s reply concerning the amendment of the regulations on burial of deceased persons [more].
The rights of residents of social care homes are violated in many areas, such as, e.g., the right to leave the institution, the use of video surveillance, or the availability of psychologist’s support. The Commissioner requests the Minister of Family, Labour and Social Policy to address the problem [more].
Car towing fees in Szczecin: the Provincial Administrative Court has upheld the Commissioner’s complaint [more].
The CHR's cassation appeal in the case concerning a soldier executed in 1945 pursuant to a communist court’s judgment [more].
The Commissioner intervenes in the case of a police officer attempting to regain part of his salary due for his sick leave [more].
The Commissioner for Human Rights appeals to the Minister of Education to make the provisions on transport of children with disabilities to schools more precise [more].
Citizens express some doubts concerning certain solutions provided for in the Act on the Protection and Maintenance of Monuments of History [more].
LEGISLATION
The Supreme Administrative Court has accepted the CHR’s arguments. It adjudicated that the provisions of the Act on Access to Public Information apply to accessing materials kept in company archives [more].
Last year, the penal code provisions on evasion of child support payment were amended. The CHR requested the Minister of Justice to submit data on the results of the amendment [more].
Judgment of the Court of Appeals regarding the scope of journalists’ professional secrecy: the journalist’s actions violated the rights of his informer [more].
The Commissioner is of the opinion that attention should be paid to the situation of a victim when a court proceeding ends with a decision rendered in absentia [more].
The Commissioner’s doubts regarding the possibility of repealing a decision issued based on an unconstitutional legislative act [more].
A private prosecutor (in addition to his/her proxy) has to be notified by the court about its requirement to remove the deficiencies in the subsidiary indictment for it to have legal effect, ruled the Supreme Court following the cassation appeal filed by the Commissioner for Human Rights [more].
The proceeding in the case of repatriation of a child was inefficient: the ECHR’s judgment of 18 January 2018 in the case of Oller Kaminska v. Poland [more].
THE CHRONICLE
The CHR attended the ceremony on the International Day of Remembrance of Victims of the Holocaust [more].
A meeting with young diplomats from France and Germany [more].
Important!
New function of the rpo.gov.pl portal
From now on, it is easier to share the content of the rpo.gov.pl website. When you click on a box over a given text, you can place a link to it on your social media page.
The website rpo.gov.pl also contains a calendar of the upcoming meetings with the Commissioner for Human Rights and of events held under his patronage.
Information about the Commissioner’s work on cases relating to citizens’ issues is available under the “What we do” tab. An interactive map indicates cases in which the Commissioner has intervened.