The report of the Commissioner routine visit to Poland in February. It contains four chapters: the legal and institutional framework for the protection and promotion of human rights, justice, media freedom and women’s rights and gender equality.
The crisis over TK
The Commissioner Muiżnieks at a press conference stressed that “the biggest cause for concern is the paralysis of the Constitutional Court.” According to him, non-government and non-disclosure by the judgments of the Court means that the Tribunal can not rule on cases brought by the Ombudsman and many laws can not be checked in terms of human rights.
By Muiżnieksa disturbing changes in the law also applies to reduce the budget of the Ombudsman, the expansion of powers of the services and the media, for which the change – according to Commissioner RE – reduced the transparency of the selection of public media authorities. He added that the draft so. large media law worrying is the suggestion of collective dismissal middle management. – At this point, it seems that this law is to replace the public media in the government media. This is something that should be revised – rated.
Concern Commissioner also raised the law on anti-terrorist operations, although – as noted – it was not the subject of his report. Muiżnieks stressed that at the moment in Europe is resolved many bad laws in this matter.
The Commissioner noted that positive measures are taken in Poland to reduce the length of the proceedings, but the admissibility of illegally obtained evidence in the judicial process requires “extreme caution” and – as he said – a combination of the positions Minister of Justice and Attorney General “threatens the independence of the prosecutor’s office “.
Muiżnieks positive assessment of its ratification of the COE Convention on preventing and combating violence against women and domestic violence, found, however, that the authorities could do more to prevent such violence, inter alia by a more stable funding of shelters for women who are victims of violence. He added that in Poland there is a need to ensure access to contraception and safe, legal abortion, and decriminalization in this area.
Foreign Ministry refutes
In response to the report of the deputy head of the Foreign Ministry Alexander Stępkowski said that this document is selective because it focuses on the situation after the parliamentary elections in October 2015. Omitting the period since the last survey in 2006. According to him “in the report are reproduced reviews known media and disseminated by certain groups and certain non-governmental organizations. “
– he surprised us that the Commissioner relied on the assurances of some non-governmental organizations do not completely verifying and paying no attention to the government that in any way responded to them. We did it in our response to the report, but we believe that the document itself would be better if the Commissioner was willing to listen to the position of the government – said Stępkowski.
In a written commentary on the government to report Muiżnieksa states inter alia that the issue of TK in the report ‘draws attention to the incompleteness of the sequence of events, “and the selection of the facts cited and omissions in the document” lets talk about selectivity and bias of this description. “
– The author of the Report he displayed some of the events and failed to complete silence other, which tendentious way illuminates situation prevailing around the Constitutional Court and consequently must lead to equally tendentious conclusions – said in a commentary.
The Government is further of the view that when it comes to diagnosis of amendments to the Law on the Prosecutor’s Office, it seems to be “in many details to be the result of the adoption as the basis for hazard identification only cursory analysis of legal texts and forwarded to the Commissioner of critical assessments made by the persons and bodies critical of to put new regulations, including spoken yet during legislative work. “
– The new law has been introduced to improve the effectiveness of the prosecution in the fight against crime, and the proposed solutions are designed to meet these assumptions – stressed in the letter.
The Polish government denies the allegations concerning the reform of the public media. – With regard to the reform of the public media, it should be emphasized that the bills media have been subjected to wide public consultations despite the fact that it has been submitted as a draft parliamentary – is written in the commentary of the Polish government.
Referring to the issue of the extension of powers of the services the government in its position notes that the changes in this regard have been conducted in order to adapt the legal system to the Tribunal’s judgment of 30 July 2014. On conducting secret operational control as well as the acquisition and processing of data telecommunications. It was emphasized that the novel, among others the Police Act, “introduced a number of new regulations regarding the procedure of obtaining the services of state data about people, resulting in increased control over this area of business services.”
Muiżnieks said that the visit in February, which is a summary of the report has been regular and routine. – Such a long time was not in Poland, but it happened just in time in connection with major legislative changes – said the Commissioner RE. He stressed that it will continue the dialogue with the Polish delegation at the Parliamentary Assembly of the Council of Europe in Strasbourg next week.
IAR / PAP is
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