Godło RP

Newsletter Commissioner for Human Rights in Poland 27.04 - 11.05. 2018

MAIN MATTERS

On 1 May, Adam Bodnar and deputy CHR for equal treatment Sylwia Spurek visited the protesting persons with disabilities and their mothers in the Sejm building. They expressed their support and handed over a letter from Henryk Wujec, a member of the Social Council operating under the auspices of the CHR. (more)

The Day of Combating Discrimination against Persons with Disabilities is an opportunity to recall the state’s obligations towards people with disabilities. On this occasion, the Commissioner for Human Rights issued a statement in which he reminded of the systemic solutions postulated by him. (more)

The Commissioner has withdrawn from the Constitutional Tribunal his motion regarding the Act of 10 June 2017 on Counter-Terrorism Measures. As the reason, he indicated the change of the formerly determined composition of the Constitutional Tribunal’s adjudicating panel and the fact that the current panel includes three persons not entitled to adjudicate in the Tribunal. (more)

The Police and the State Forests should withdraw their demands for penalizing persons who protested against tree cutting in the Białowieża Forest, states the Commissioner. According to the judgment of the Court of Justice of the EU, the demonstrations against tree cutting were legal. (more)

Exclusion of intelligence services from the scope of the so-called EU police directive of 2016 may be inconsistent with the directive itself and with the Constitution of the Republic of Poland. The CHR is critical about the governmental bill implementing into the Polish law the directive’s provisions concerning the processing of personal data by law enforcement agencies. (more)

Despite the recommendation of Prime Minister Mateusz Morawiecki, the Minister of Justice has not yet responded to the CHR’s intervention concerning the guarantee of access to a lawyer from the very moment of person’s detention. According to Adam Bodnar, this may be a reflection of inconsistency of the government’s activities. (more)

THE COMMISSIONER ON CITIZENS’ ISSUES

The Commissioner is concerned about the suspension of the system of single-entry passes to the Sejm building, as viewed from the point of the observance of human rights. He has inquired the head of the Sejm’s Office about the date of restoring the system in its previous form. (more)

Local government bodies should not publish any press titles but only local bulletins with objective information and official announcements. The Commissioner finds it unacceptable for local self-governments to issue titles that combine the functions of an information bulletin and an independent press title. (more)

Adam Bodnar calls on the president of the District Court in Kraków to annul her decision according to which the media may not hold interviews with, and seek information from, the court’s judges and other employees. The Commissioner considers the decision to be inconsistent with the Constitution of the Republic of Poland and with the Press Law. (more)

Following the visit to the National Centre for the Prevention of Dissocial Behaviours in Gostynin, over ten recommendations have been issued by the CHR experts. They identified instances of restricting the patients’ rights, e.g. by inspecting their incoming mail, the prohibition for them to buy products, or to take part in sports activities. The centre should not be considered a place for people with mental illness. (more)

Persons who fail to pay child maintenance should pay off their debts by working for the benefit of the society, say the Ombudsman for Children and the CHR. There is still a lack of regulations increasing the professional activity of the debtors and thus contributing to the enforcement of alimony payments. (more)

Patients of psychiatric wards in prisons should be, on regular basis, covered by the care of the patient ombudsmen competent for the respective wards. According to the CHR, this would guarantee appropriate treatment of patients in accordance with the law. (more)

Interest on compensations for groundless detention, arrest or conviction should be due for the period starting from the date of the claim lodging with the court, not from the date on which the judgment became legally valid, proposed Adam Bodnar. (more)

There are no transparent criteria of candidate selection to prosecutor positions, pointed out the Commissioner. The National Prosecutor may appoint prosecutors on his/her discretion. (more)

LEGISLATION

Jerzy Sosnowski, a radio journalist, has won the civil lawsuit against Polskie Radio SA, concerning his dismissal due to "loss of trust in him". The CHR supported Mr Sosnowski during the proceedings. (more)

Making the right to municipal housing dependent on the fact that the person has no title to any other apartment  is against the law on the protection of tenants’ rights and against the Constitution, adjudicated the Regional Administrative Court in Poznań, taking into account the CHR’s complaint against the resolution of the Municipal Council of Okonek. (more)

After the CHR’s cassation appeal, the Supreme Court annulled the consent of courts to the extradition of a Lithuanian citizen to Belarus. The Supreme Court instructed the second-instance court to thoroughly examine whether the person’s extradition would not constitute a threat to his human rights. (more)

THE CHRONICLE

The latest legislative changes concerning the judicial sector are only of cosmetic nature, said Adam Bodnar at the international conference held on the occasion of Europe Day. (more)

The CHR hopes that the Homeless Bill of Rights will contribute to solving the problem of homelessness in a systemic way. The Bill indicates municipal councils’ obligations to respect the basic rights of persons affected by homelessness. The Bill’s promotion was the aim of an international conference attended by Adam Bodnar. (more)

The CHR Office tries to be actively engaged in the issue of bank loans denominated in Swiss francs. Although it is not possible to directly interfere in disputes between private persons and entities, the Office can identify and indicate significant problems in this area, emphasized the Commissioner at a scientific conference. (more)

Social clauses are an important instrument that supports the solving of social problems. We should make them become a daily practice of local governments, said Adam Bodnar during a conference on the subject. (more)

In the 10th meeting of the Team on Child Maintenance, a report entitled Perception of people who fail to pay child maintenance; reasons for not paying child maintenance, as seen against the psychosocial model was presented. (more)

In the CHR Office, Adam Bodnar and representatives of the NMPT mechanism met with a delegation of human rights institutions from South Africa. (more)