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Newsletter Commissioner for Human Rights in Poland 6 - 13 June 2017

Newsletter  6-13 June 2017

MAIN MATTERS

The CHR on the amendment of the Act on the National Council of the Judiciary

The adoption of the Act on the National Council of the Judiciary, and the fact that politicians rather than judges themselves will decide about the nominations to the Council, will damage the spine of the Polish judicial system as well as our traditional system of state, said Commissioner Adam Bodnar during the 43rd session of the Sejm. Members of Parliament discussed the report of the Parliamentary Committee on Justice and Human Rights regarding the government’s draft amendments to the Act on the National Council of the Judiciary and certain other acts [more].

The Commissioner claims that the Constitutional Tribunal should postpone its session on the Act on the Supreme Court and notify the CHR of the new session date

The Commissioner for Human Rights correctly notified the Constitutional Tribunal of his intention to participate in the proceeding before it. Despite this fact, the chair of the CT judicial panel did not notify the Commissioner of the date of the session scheduled for 22 June 2017. The failure to notify the CHR as a participant in the CT proceeding is a reason which necessitates the postponement of the hearing [more].

The CHR’s regional meetings in Łowicz and Kutno

Issues related to the justice system, problems of carers of persons with disabilities, and the subject of domestic violence were discussed by the Commissioner with inhabitants of Łowicz [more]. The meeting in Kutno focused on environmental protection, activation of senior persons and counteracting hate on the Internet [more]. On the occasion of the regional meetings, Adam Bodnar also visited Karino Association for Rehabilitation and Education [Polish: Stowarzyszenie Rehabilitacyjno-Edukacyjne Karino] near Łowicz [more ].

Over 200 people in Warsaw took part in the CHR’s information meetings on loans in Swiss francs

These were the 12th and the 13th meetings, held as part of the meetings action organized by the CHR across the country. The meetings are held in the cities where CHR’s representative offices or CHR’s citizen advice offices are located. The meetings aim to empower bank customers by indicating legal tools which they can use in their disputes and negotiations with banks (without waiting for the authorities to decide on introducing statutory solutions [more, including materials distributed in the meetings].

THE CASE OF IGOR STACHOWIAK

Polish Police Commander-in-Chief describes activities taken by the Police after the death of Igor Stachowiak, before and after the documentary aired on TVN [more].

When will Polish regulations be adjusted to EU standards in the area of detained persons’ right to legal aid? The CHR writes to the Minister of Justice [more].

Statement by the Expert Committee on the National Mechanism for the Prevention of Torture in connection with the death of Igor Stachowiak [more].

THE COMMISSIONER ON CITIZENS’ ISSUES

The CHR on the bill on radio and TV license fees: the bill still raises numerous serious doubts with regard to citizens’ rights and the processing of their personal data by the state authorities. The doubts arise in view of Polish and European legislation [more].

Ukrainian employees in Chwaszczyno beaten and insulted by their employer [more].

The CHR and the Patient Ombudsman’s jointly inspect cases of multiannual stay in a psychiatric hospital. The inspection covers persons placed there pursuant to court decisions, within the so-called preventive measure [more].

Former customs officers will retain their salaries and permanent benefits in unchanged amounts [more].

The Minister of Health replies to the Commissioner’s application regarding access to pharmacological anaesthesia during childbirth [more].

The Chief Sanitary Inspector’s letter regarding children's crèches [more].

The Commissioner monitors the implementation, by the Agency for Restructuring and Modernization of Agriculture, of an IT system to service EU payments to farmers [more].

Proposals of employment or service for employees and officers of Tax Administration Offices are under development[more].

Rights of prisoners kept in solitary confinement [more].

May a prisoner be punished by taking his shorts from him? [more].

LEGISLATION

The Regional Administrative Court in Kraków upheld the Commissioner’s complaint which challenger the resolution of the District Council of Nowy Targ, prohibiting the use of vessels with engines [more].

The CHR writes to the Minister of Justice with regard to the refusal of access to case files in a preparatory proceeding [more].

The European Court of Human Rights refers to the CHR’s opinion: Poland has a structural problem, as there is no remedy before a court against personal inspections of prisoners [more].

There is a lack of legal basis for placing persons, whose penalty of imprisonment has been suspended by a court-due to mental illness, in properly secured psychiatric hospitals [more].

The Commissioner writes to the Minister of Justice about the right to a court with regard to appeal lodging in accelerated proceedings [more].

Conditional suspension of the absolute penalty of imprisonment in enforcement proceedings - the court of second instance will be obliged to thoroughly examine the defender’s complaint [more].

The European Court of Human Rights: violation of the freedom of political debate in Poland in November 2010 [more].

The CHR writes to the Government Plenipotentiary for Civil Society and Equal Treatment with regard to support provision to senior persons [more].

THE CHRONICLE

Pro futuro declarations: patients’ freedom to decide how the treatment process will look like when the patient loses consciousness – the CHR’s seminar [more].

Lower VAT rate for e-books to be introduced soon? The European Parliament has adopted the amendment to the directive [more].

Adam Bodnar has conducted a lesson within the Constitution Week [more].

Awards for the best local governments – the CHR took part in the Super Local Government prize gala [more].

Krzysztof Olkowicz met with the former prisoners at „Mateusz” centre [more].

How to help victims of domestic violence – a training conducted by the Helplines’ Coalition [more].

Processes that change the world: Zuzanna Rudzińska-Bluszcz at the TEDxKatowice conference [more].

On mediation at schools: Krzysztof Olkowicz at the conference in Ziębice [more]