Zawartość

Newsletter on key activities of the Commissioner for Human Rights 23 September - 4 October 2019

STOP HOMOPHOBIC AND TRANSPHOBIC VIOLENCE – A STATEMENT OF THE COMMISSIONER FOR HUMAN RIGHTS AS AN INDEPENDENT EQUALITY BODY, AFTER DISCLOSING AN ATTEMPT OF A TERRORIST ATTACK THAT WAS PLANNED DURING THE 2nd EQUALITY MARCH IN LUBLIN

An act of violence, that was identified in Białystok and related to the participants of the Equality March there, could have been considered a warning for the society which would stop a wave of hatred. Unfortunately, as the events relating to the second Equality March in Lublin have shown, the threat to the security of fundamental human rights is rising rather than decreasing. The explosive material that has  been secured by the police could have put at risk the health or even lives of people who were taking part in the assembly. The situation should therefore encourage a deep reflection as well as the adoption of a positive attitude, said CHR Adam Bodnar. [statement]

Judgment of the CJEU regarding bank loans denominated in Swiss francs: what the judgment means for the borrowers (the CHR’s information, legal argumentation and activities taken with regard to the loans; the arguments raised)

COURTS AND THE SYSTEM OF JUSTICE

  • Disciplinary representative Piotr Schab informed the CHR: I take steps when judges act in immorally. Immoral action is, according to the mutual correspondence, the criticism of a judge who is paid an allowance for working outside the place of permanent residence, although he works and lives in the same city. (more)
  • President of Office for Personal Data Protection Jan Nowak has already received the initial information about the “troll farm” in the Ministry of Justice, from the ministry itself and from the National Council of the Judiciary. The information is, however, not sufficient to determine the direction of further activities that the Office for Personal Data Protection may take. (more)
  • A woman who was a liaison officer during the Warsaw Uprising, and whose pension was lowered under the act on the reduction of pensions of communist-era state security services , had died before her case was resolved by the court. (more)
  • The CHR made an announcement regarding his explanations about the death of Dawid Kostecki. A report has been also developed on the matter but it will not be publicly disclosed, and will remain at the prosecutor's office. (more)
  • The Commissioner for Human Rights is looking, ex-officio, into the case that was described in the TVN Superwizjer documentary called “Regular witness” by Michał Fuja. (more)
  • No more doubts about inheritance. Pursuant to the Commissioner’s application, the court corrected its error (no extraordinary complaint to the Supreme Court was required). (more)
  • A citizen who could not appeal against a court’s judgment because of the error made by the court may now file his appeal. After the CHR's cassation appeal to the Supreme Court, the public holiday that hand not been included in the time limit will now be added to its duration. (more)
  • The Internal Security Agency will re-examine the motion regarding foreigners’ surveillance – according to the judgment of the Supreme Administrative Court. (more)
  • The CHR requested judges’ deputy disciplinary representative Michał Lasota to adjust his activities to the requirements of the law. (more)
  • The Commissioner and a group of experts have proposed the establishment of a special independent body that would supervise the operation of the state’s special services and to deal with individuals’ complaints concerning their operation. A report by experts, describing the main tasks of the police and special services, was presented in the Office of the Commissioner on 23 September 2019. (more) The Special Services Coordinator does not see problems with the Pegasus surveillance system and has concluded that the CHR is expressing opinions which are not based on facts. (more)

EQUAL TREATMENT

  • The court has annulled the decision of the mayor of Lublin to prohibit the equality march. The CHR joined the case, as usually, to defend the constitutional freedom of assembly. (more) He also joined the case of such a march in Nowy Sącz. (more)
  • The case of the dismissed employees of the Kraków’s Curia Office – the CHR asked questions to the labour inspection and to the Curia. (details)
  • On 23 September 2019, representatives of the Commissioner for Human Rights visited the railway border crossing between Poland and Belarus, in Terespol. (more)
  • The end of the term "Polish death camps". The judgment stated that those words had violated personal rights of the Polish prisoner of Auschwitz, and that the judgment is final. The proceeding was strategically joined by the CHR. (more)

RIGHTS OF SOLDIERS AND OTHER UNIFORMED SERVICE MEMBERS

  • Is psychological assistance to veterans of military missions outside Poland sufficient? (more)
  • A former policewoman was refused to be covered by the "right to be forgotten". The Commissioner intervened about the matter before the President of Office for Personal Data Protection. (more)
  • The Commissioner defended a female employee of the Internal Security Agency who was dismissed from work soon before childbirth. (more)

EDUCATION AND SCIENCE

  • The CHR: is it possible for a school draw consequences because of students’ absence from school due to taking part in the Youth Climate Strike? The reference to drawing consequences was made by one of the high schools’ headmasters. (details)
  • Why is a person awarded the PhD title only by one of the universities? The Ministry of Science has replied to the Commissioner’s question. (more)

CIVIL RIGHTS

  • The CHR supports the rights of Polish voters abroad. We have 2 weeks left to the elections. (more)
  • The CHR has written to the Prison Service that prisoners’ voting in the elections should be guaranteed. (more)
  • The Supreme Administrative Court: the considerations about withdrawal from the Istanbul Convention constitute public information. (more)

THE CHR OFFICE’S EVENTS

  • The problem of infertility treatment using outside-the-body fertilization (in vitro) is related to human rights and to equal access to help when a couple cannot have a child, said Adam Bodnar to journalists. Infertility is not a right-wing or left-wing condition, but a condition of people who want to have children, and in that situation such people must be defended by the Commissioner, said the participants of the debate organized in the CHR Office. (report and recording of the debate)
  • The status of prosecutors is a subject of CHR Office deep analysis and actions. The Act on Public Prosecutors was questioned and disciplinary proceedings concerning prosecutors were looked into. I am very sorry that in Poland we have not drawn sufficient reflections from the last year’s opinion of the Venice Commission, devoted to the operation of prosecutors’ offices, said Adam Bodnar during the first one of the meetings for prosecutors and law practitioners, organized by Lex Super Omnia Association of Prosecutors, Citizens' Initiative Free Prosecutors and the Office of the Commissioner.
  • Bearing in mind the situation of seniors and carers of people suffering from Alzheimer's disease, the Commissioner organized a conference on 30 September on good practices in caring for such patients. (more)
  • On 1 October, the International Day of Older Persons,  the Office of the CHR established the Council on Seniors, with the aim to inspire many companies and organizations which are aware of the importance of their retired employees’ knowledge, experience, awareness of the mission and values of their company. (more)
  • The Commissioner discussed the problems of Ukrainian workers in Poland with ombudswoman Ludmyła Denisowa. (more)

OTHER NEWS

  • The CHR believes a Council for Infertility Treatment needs to be established. (more)
  • From among the nominated candidates, on 20 September Dr Maciej Lis prize was awarded to Mr. Adam Komar. The prize, established on the initiative of the Commissioner for Human Rights, appreciates the achievements of late Maciej Lis who worked as CHR local representative in Wrocław. The prize is awarded for special achievements in the field of defending the rights and interests of persons with disabilities. (more)