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Newsletter Commissioner for Human Rights in Poland 7-13 April 2018

Newsletter 7-13 April 2018

MAIN MATTERS

The amendments of the parliamentary acts governing the operation of judicial institutions, adopted by the Sejm on 12 April, raise serious doubts from the point of view of the protection of civil liberties and rights, pointed out the Commissioner in his motion to the Speaker of the Senate. (more)

On 13 April, CHR Adam Bodnar took part in the Senate’s session in which the amendments to the parliamentary acts governing the operation of judicial institutions were evaluated.

Without independent courts, there can be no appropriate protection of civil rights and freedoms in Poland, said CHR Adam Bodnar after his meeting with Frans Timmermans. The Commissioner presented his opinion on the reform of the Polish judiciary system to the First Vice-President of the European Commission and concluded that it poses a risk to the independence of the judiciary and the protection of civil rights and freedoms. (more)

On 10 April in Częstochowa, representatives of the CHR Office laid flowers at the grave of Dr Janusz Kochanowski, Commissioner for Human Rights who died on 10 April 2010 in the place crash near Smolensk. Adam Bodnar took part in the ceremony at the Powązki cemetery in Warsaw, in which the 96 victims of the disaster were commemorated. (more)

In Oświęcim, for the 30th time the March of the Living was held to commemorate the victims of the Holocaust. Adam Bodnar took part in the march. (more)

The Commissioner has withdrawn from the Constitutional Tribunal his motion of 2016, regarding the so-called fruit of the poisonous tree i.e. admissibility in courts of evidence that has been obtained illegally by the state’s special services. (more)

Adam Bodnar handed over the Prize for Merit in the Protection of Human Rights to the Open Poland Association against Anti-Semitism and Xenophobia. The prize was received by Paulina Sawicka and Marek Gumkowski. (more)

The Commissioner appealed to President Andrzej Duda to veto the parliamentary Act which gives the state’s special services unlimited access to Public Registry Offices’ records. The Act was, however, signed by the President. (more)

THE COMMISSIONER ON CITIZENS’ ISSUES

Night-time noisy parties at a hotel and restaurant facility caused neurosis in two persons, a married couple living nearby. The Commissioner appealed to the head of the local government to take steps to prevent holding such loud events at night-time. (more)

The CHR has appealed to the government to urgently regulate the situation of people who, due to the oversight by the legislator, are going to lose their status as members of housing co-operatives. (more)

The Commissioner for Human Rights is concerned about the fact that no work is carried out in Poland on implementing the EU directive on the police, which relates to personal data processing by law enforcement institutions. The EU members states are expected to apply the directive starting from 6 May(more)

Private-sector companies that are internet providers should be required to report instances of hate crime to law enforcement institutions, proposed the CHR. (more)

Army soldiers based in Białystok submit complaints to the Commissioner regarding poor quality of equipment, particularly means of transport, used in their army unit. The Territorial Defence Forces’ battalion based nearby has state-of-the-art equipment at its disposal. (more)

Paediatric wards and hospitals tend to extend the period of children’s stay there to three days, even if there is no medical necessity, because they want to receive the full refund, pointed out the Commissioner(more)

The CHR wants public administration institutions to be required to make copies of case files at the request of a party to the proceeding, within the institution’s possibilities and in return for payment. The Commissioner submitted a related question of law to the Supreme Administrative Court. (more)

LEGISLATION

The Supreme Administrative Court has shared the Commissioner’s opinion regarding the case of a person required to pay income tax on sold real property, despite being registered as permanent resident there. The judgment increases the chances for winning court cases relating to related tax relief. (more)

Following the Commissioner’s motion, the Voivodeship Administrative Court in Gorzów Wiekopolski annulled the resolution of the regional legislative body of the Lubuskie Voivodeship, permitting hunting on private land without the owner’s consent. (more)

THE CHRONICLE

Children - victims of violence or abuse, as well as their families, have a new place where they may seek comprehensive assistance. Adam Bodnar took part in the Warsaw Child Support Centre opening ceremony. (more)

Klub 25+, a facility providing care for at least 4 hours per day to adults with significant level of disability, has been opened in Chełm. The facility has been established as a result of the CHR’s regional meeting held in the city in 2016. (more)

The CHR met with representatives of national and ethnic minority organizations in order to discuss and adopt common strategies aimed at preventing racism and xenophobia. (more)

The Office of the Commissioner for Human Rights has received the Aurelius Award for its activities in support of patients, in particular with mental disorders. The award was received by Adam Bodnar at the IV International Congress of Forensic Psychiatry. (more)