Wednesday, June 15, 2016

Council of Europe: Changes in Poland threaten human rights and weaken the rule of law – Gazeta Wyborcza

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              introduced by the  government & # x105; d Beaty Szyda & #  x142; for changes in the law balc & # x105;  fears and protests Pole & # XF3; in. in a  photo & # x119; five: March pissed organized  the Committee for the Defense of Democracies in  Gdansk x144 & #; sku May 3, 2016 r.
                  
 
                  
                 
                    

introduced by the government Beaty Szydło changes in the law raises concerns and protests of the Poles. In the photo: March of pissed-off organized by the Committee for the Defense of Democracies in Gdansk on May 3, 2016. (JAN RUSEK)

                  
                  
                  


                  
             

             
         
     
   
   
   
 
 
 
 
Commissioner Nils Muižnieks announced yesterday in Warsaw your report. It has 73 pages. The government has prepared a 65-page reply, which concludes that the report is biased and unreliable.

 
 
 
 
 
 
 
 
 
 
 
 
 
                          
 

                 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
         


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This is the first since 2003 interim evaluation report on the state of compliance in Poland human rights standards recognized by the Council of Europe. In this term, the Commissioner is preparing or has prepared reports for 35 countries. "Polish" the report stated that the country has built a solid legal and institutional framework to protect and promote human rights, but recently introduced changes in the law raises far-reaching concerns.

Unprecedented lock TK

In the first place, Commissioner mentions paralysis of the Constitutional Court and its function as guardian of the rule of law and human rights. Hungary and Georgia Muižnieks also studied the problems of constitutional courts, but never met "such a peculiar legal view that the government may not recognize judgments of the court." - What would happen if the politicians decided that judgment is valid, and which do not? - He asked.

The only way out of the crisis seen in the application of the Polish to the recommendations of the Venice Commission: publication of judgments and sworn in by the president of the three judges selected by the previous parliament.

undercutting the ROP and surveillance

Another institution guaranteeing human rights is ROP. The Commissioner notes that cut off his funds and enacted legislation depriving spokesman immunity. - In its reply to the report the government did not comment on the matter. When I asked why the Deputy Minister of Foreign Affairs, said that apparently was not enough time - he said.

Another threat to human rights sees in the law on the police called "a Surveillance". "This raises serious doubts as expanding the powers of the police and secret police without providing controls against fraud" - writes in the report. At the conference, he said that he fully shares the views and recommendations of the Venice Commission to this law.

Fruit poisonous tree

Another threat are the changes in criminal law, in particular those which require the court to take into account evidence gathered by the officers in violation of the law (eg. illegal eavesdropping or forcing confessions), the so-called. fruits of the poisoned tree. They become especially dangerous when the Attorney General got great power over the prosecution and is also justice minister. - This personal union threatens the independence of the prosecutor's office. Especially that the Attorney General may freely appoint and fire the prosecutors - said the Commissioner.

A large concern is the matter of the media - the so-called. small media law was a bang in their freedom. I am pleased to note that the "big" law is already created in consultation with experts and social RE. There is a fear that can turn the public media in the government media, if you would anticipate massive layoffs and appointments based not on the basis of merit, but political - rated Muižnieks.

The report praises Poland for reducing the excessive length of judicial proceedings, for reducing the number of pre-trial detention and wider application to other measures such. bail.

Violence against women

A big part of the report is the matter of women's rights and reproductive rights. Commissioner praises Poland for accession to the Convention on preventing and combating violence against women. Notes, however, that women victims of violence have trouble getting help meet the prejudices of the police, prosecutors and judges, as well as medical personnel. State shelters for victims of violence are not sufficiently specialized and non-governmental - underfunded (preparing the report, the Commissioner did not know yet that the PiS government even took women's organizations for aid for women victims of violence, including shelters).

the report blames Poland for lack of modern sex education, difficulties in access to contraception and abortion provided by law - because of the reference to doctors and pharmacists conscience clause.

The Commissioner is wrong

At the same time the report of the Commissioner RE Polish Government has published its response. Commissioner alleged that focuses on the current government, rather than a judge previous governments. "It gives a clear sense dismissive of substantive arguments, the national authorities" - we read.

The Government also criticizes the Commissioner "cursory reading" rated acts. I considered an abuse of that report also refers to events that took place after the visit Muižnieksa in February. "All of this raises concerns about the political commitment of Commissioner in internal political disputes, which can not be reconciled with the mandate of the Commissioner."

The government criticized the report for not "factual data" and basing evaluations on various conversations, eg. In on violence against women. (The Commissioner met with victims of violence.)

Commissioner government also alleges that writing about tightening in Poland recently political competition, did not take into account the "reaction of the previous government for disaster TU-154" (Smolensk). And that the police "provoked riots" in the Independence Day in the years 2011-14.

According to the government, "it is not true that the president" refused to "swearing in judges" because it must take into account that Parliament repealed the resolution to set them up.

He denies it to the Minister of justice-Attorney General directed threats against judges TK (in terms of his letter in which he refused to participate in the hearing on March 9, and wrote that he would consider the legal consequences to a situation where the president of the Tribunal convened a meeting of the Court but contrary to the law).

the government rejects the statement expressed in the report on the impact of traditional beliefs about gender roles to issues of equal treatment of women. Denies the existence of "reproductive rights" because there are "clearly defined in international documents."

It is recognized that in Poland the problem of sex education is solved properly, as evidenced by the relatively small, compared with European countries, the number of teen pregnancies and cases of sexually transmitted diseases.

He claims that in Poland there is access to contraception. In witness cites recommendations Polish Gynaecological Society of 2003, among which in the first place is mentioned "periodic abstinence."

         


         


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