Godło RP

Newsletter Commissioner for Human Rights in Poland 6-10 August 2018


Despite his objections to the parliamentary acts on the Supreme Court, the Commissioner for Human Rights filed the first extraordinary complaint to the Supreme Court under the amended regulations. The complaint concerns a family in relation to which, over several years, courts issued two contradictory decisions with regard to succession of property. The CHR emphasized that the constitutional rights of the persons concerned have been violated, as they found themselves in a situation which should not have taken place in a democratic state based on the rule of law. (more)

A uniform system of disability classification based on a person’s potential rather than his/her dysfunctions; the abolishing of the system of incapacitation, and the right of persons with disabilities to live independently, are among the CHR’s recommendations towards full implementation of the Convention on the Rights of Persons with Disabilities. In September 2018, its implementation will be assessed by the UN Committee on the Rights of Persons with Disabilities. Adam Bodnar replied to its list of issues for Poland. (more)


The innocence presumption-related directive of 2016 has not yet been implemented into the Polish legislation, wrote the CHR to the Ministry of Justice. It recommends that in criminal proceedings, all doubtful points should be decided upon to the benefit of the suspect and the defendant. At present, the Polish legislation refers to “irremovable doubts” that may only relate to the defendant. (more)

The 14-day deadline for filing an appeal in a criminal proceeding may be too short in complicated and broad-scope cases. Professional associations of lawyers and legal advisors suggest the possibility of supplementing such appeals after their submission. (more)

For four years, the authorities have not taken into account the Supreme Audit Office’s recommendations on road safety. The CHR has inquired the ministers of the interior and of infrastructure whether they are going to make use of the Office’s recommendations. (more)

The Commissioner calls for amending the parliamentary act pursuant to which persons that have been punished for most serious sexual crimes and may still pose a threat to others are placed in the facility in Gostynin. He suggested that persons leaving the centre could be covered by an electronic surveillance system. (more)

The Commissioner is looking into the case of the police intervention concerning the action within which certain persons put on T-shirts with the word „KonsTYtucJA” on various monuments. (more)

The Commissioner inquired the president of the District Court in Kraków about the substantive reasons for transferring judge Waldemar Żurek to another division of the court. (more)

In Poland, arrested persons’ right to enter into marriage is still limited as such persons are not aware of the possibility of marriage by proxy. (more)

In the penitentiary facility in Gębarzów, the CHR’s representatives looked into the case of observance of the rights of an arrested 80-year-old person suspected of molesting a disabled girl. The prosecutor ordered to release the person from arrest. (more)