Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 11-16 July 2017

Newsletter  11 – 16 July 2017

MAIN MATTERS

Changes in the justice system will affect the protection of citizens' rights - warns the CHR

Contrary to what one might expect, the adoption of the three Acts of Parliament relating to the judicial system: the Act on the National Council of the Judiciary, the Act on the System of Common Courts and the most recent Act on the Supreme Court does not serve the purpose of comprehensive reform of the judicial system. The aim is clear: to subordinate the courts to political authorities, warned Commissioner for Human Rights Adam Bodnar in his commentary for Onet.pl. The CHR’s opinion on the reform of the judiciary was expressed already before. The Commissioner points out that the announced changes may affect the interests of ordinary citizens [more].

The Commissioner presented his opinions on the government bill on the National Freedom Institute– Centre for Civil Society Development

The Government Plenipotentiary for Civil Society, appointed in 2016, was expected to draw up a National Programme for Civil Society Development Support, to provide a basis for further works, including institutional solutions. However, the Programme was not drawn up, and the government submitted a proposal of establishing a new institution, the National Freedom Institute. There are serious doubts as to the project consultation methods and the proposed regulations on funding of non-governmental organizations [more].

The CHR on public assembly participants removed from the street the day before the monthly Smoleńsk disaster remembrance assembly

On the night from 9 to 10 July, the police, as part of preparations for the regular monthly Smoleńsk disaster remembrance assembly, put safety railings and blocked Krakowskie Przedmieście street, at the same time removing protesters from it. In the Commissioner’s opinion it may raise doubts regarding freedom of public assembly, guaranteed in the Constitution of Poland [more].

THE COMMISSIONER ON CITIZENS’ ISSUES

Police Commander-in-Chief prohibited the use of privately owned paralyser guns by police officers. The prohibition was introduced in reaction to the CHR’s letter regarding the use of a paralyser gun against a French citizen detained in Lublin [more].

The Commissioner on medical care for the elderly after the introduction of the so- hospitals network

As part of the health care system reform prepared by the government, a so-called hospitals network will be established which will group facilities with guaranteed medical contracts. In many cases, however, the facilities lack geriatric wards, and geriatric care is planned to be provided by internal medicine wards or outpatient clinics. This  raises serious concerns regarding health and wellbeing of the elderly [more].

Local tax in Zakopane was against the law

Given air pollution levels in the city, the local tax charged from tourists by the Municipal Council of Zakopane was non-compliant with the law, ruled the Voivodship Administrative Court in Kraków. The complainants’ position was supported by the Commissioner. The ruling may affect the situation of other Polish municipalities which charge the tax but do not meet air quality standards laid down in applicable regulations [more].

The CHR supported a disabled child’s mother in court. The case related to co-funding of the child’s transport to school

The municipality of Kraków claimed that transport cost reimbursement was due solely for the parent’s travel to and from school together with the child. According to the CHR, it also applies to the parent’s return trip from school after leaving the child there, and the trip to school to collect the child after classes. These costs were expected to be covered by the parent but the legislator's intention was to facilitate real access to education to pupils with disabilities [more].

Prisoners complain that having one telephone conversation with a family member or an office on a given day makes it impossible for them to contact a lawyer or attorney by telephone on the same day. The Commissioner wrote to the Head of the Prison Service with regard to the issue [more].

The CHR: there is a need for solutions enabling the use of appropriate procedures with regard to persons whose mental illness occurred while serving a prison sentence. The current regulations are not adequate [more].

LEGISLATION

The Sejm has started works to include the prohibition of torture in the Criminal Code. The CHR has highlighted the need for it for two years [more].

THE CHRONICLE

Deputy CHR visited a Roma settlement in Maszkowice [more].

The CHR’s representative took part in the 8th session of the UN Working Group on Aging [more].

How to help victims of violence? The CHR Office experts met with Blue Line organisation representatives [more]