Commissioner for Human Rights

Newsletter Commissioner for Human Rights in Poland 14 - 25 January 2019

THE CIVIC FUND’S GRANT COMPETITION, FINANCED WITH THE RAFTO PRIZE BUDGET, FOR VILLAGE/SMALL TOWN INITIATIVES: APPLICATIONS TO BE SENT BY 31 JANUARY

The Civic Fund’s grant competition, in which funding will be awarded within the professor Thorolf Rafto prize that was awarded in 2018 to Commissioner for Human Rights Adam Bodnar, PhD and his Office for the fight for human rights and independent courts in Poland, accepts applications for funding until 31 January 2019. The overall value of the grants is 83 thousand zł. The full amount will be awarded to supporting civic initiatives taking part in the competition. [more about the competition]

What do we owe Paweł Adamowicz? Our role now is not only to carry on discussions on hate speech and mutual complaints. The main task is to answer the question what his death can teach our civil society, our community, said the Commissioner in an interview on TVN2. (more)

30 examples of “hate speech” cases in which the prosecutor offices’ actions raise doubts. (more)

Sexist language in the debate on transparency of work of public authorities. Statement of the CHR as an independent equality body. (more)

CIVIL RIGHTS

ENVIRONMENTAL PROTECTION DISCUSSED DURING CHR REGIONAL MEETINGS IN THE ŚLĄSKIE PROVINCE

From 24 to 25 January, Adam Bodnar held CHR regional meetings with residents of the towns of Dąbrowa Górnicza, Łaziska Górne and Mikołów. The residents feel trapped as their houses are surrounded by numerous industrial plants that pollute the environment, and responsibility for this pollution cannot be easily attributed to one entity. Therefore, public administration authorities are unable to resolve the problem, and the people have to live in a devastated environment. (FULL REPORTS ON THE CHR’S REGIONAL MEETINGS)

Representatives of scientists complain about the new rules of compiling the list of scientific journals, that have been drawn up by the Minister of Science and Higher Education. In the opinion of the Commissioner, the new rules may be detrimental to important research and cause the closing down of well-known Polish periodicals as well as pathologies in the market. (more)

The closest persons of the deceased must have the right to appeal against the decision of the public prosecutor's office to exhume them, when they consider that this violates the cult of the deceased - the Commissioner believes, who appealed to the Minister of Justice in this case. (more)

People still complain about the lengthiness of proceedings regarding the award of family benefits and child allowances that are covered by EU regulations. Starting from 1 January 2018, the proceedings are carried out by heads of voivodeship administration but this has not yet solved the delays. (more)

Mandatory vaccinations in Poland are avoided by over 43 thousand people, mostly in the mazowieckie, śląskie and wielkopolskie voivodeships. People’s movements that are against vaccinations should be blamed for the problem, wrote the CHR to the National Sanitary Inspector. (more)

Citizens should be able to launch criminal proceedings to seek damages from the state for erroneous allegations and indictment. The CHR has written to the Minister of Justice to consider relevant amendments to the Code of Criminal Procedure. (more)

FINANCIAL MATTERS

In 2019, electricity prices were to remain unchanged for citizens, according to the government’s forecasts. However, for customers who buy electricity from Innogy Polska SA, the price has been increased (by 12 percent). The Commissioner has written to the President of the Energy Regulatory Office to assess this action. (more)

Citizens complain about having to pay a tax on interest that is paid out to them as due for a delay in situations when the main amount paid out to them is not subject to tax. The situations concern, for example, children whose child maintenance has not been paid for years, or persons-victims of road accidents that took place many years ago. The Commissioner has requested the Minister of Finance to amend relevant regulations. (more)

The Commissioner is taking action in support of those who suffered damage in the case of Getback S.A. (more)

Mr Jan received a final call for payment related to membership in a water company. However, he is not the owner of the land in question, he has never been a member of the water company and has never commissioned any related works. After the intervention of the CHR’s regional representative in Wrocław, he was deleted from the list of members of the water company, and his debt was cancelled. (more)

WORK AND EMPLOYEES

Graduates of microbiology departments of universities complain that they have no possibility to get the qualification of a laboratory diagnostician. The Commissioner has addressed the Minister of Health about the matter. (more)

Since 2008, the CHR has been requesting subsequent Ministers of Agriculture to determine qualifications required of persons authorized to classify land in terms of soil class. In connection with the divergent positions of two ministries, the Commissioner has inquired whether the issue should be solved by the Minister of Agriculture or the Minister of Investment and Development. (more)

Soldiers complain that their annual work assessment also covers periods of long-term sick leave. It is impossible to assess the quality and reliability of work performed by an absent person, emphasized the Commissioner in his letter to the Minister of National Defence. (more)

A favourable judgment of the Supreme Administrative Court regarding termination of employment relationship of a customs officer. The Commissioner had joined the case. (more)

How to effectively fight against mobbing and discrimination in uniformed services - a debate at the CHR Office. (report on the event)

Results of the labour inspectorate’s inspection concerning Polish workers hired to work in the Netherlands. (more)

The CHR: problems with the system of rescue dogs training should be removed. (more)

JUSTICE

A court convicted a person for fraud without examining whether another proceeding was not already pending against him for the same crime, although this could have been checked. Another criminal proceeding was indeed conducted against the same person for the same crime. Thus, the CHR lodged a cassation appeal that was approved by the Supreme Court. (more)

The CHR’s two extraordinary complaints regarding the penalty of imprisonment: in defence of the Constitution. (more)

The phrase “Ukrainian nationalists”, included in the Act on the Institute of National Remembrance, according to which it is an offence to deny their crimes, is not consistent with the Constitution because it is imprecise, ruled the Constitutional Tribunal. The Commissioner presented his position on the matter. (more)

Hearing of Judge Włodzimierz Brazewicz: the CHR intervened before the disciplinary ombudsman. (more)

Prosecutors’ problems concerning disciplinary matters: three interventions of the Commissioner. (more)

EQUAL TREATMENT

The Ministry of Educations replies that in the case of the “Rainbow Friday”, parents were against the action. (more). Therefore, the Commissioner is inquiring about how precisely the inspection looked like at the schools that took part in the Rainbow Friday? (more)

The Ministry of Justice is still looking into the issue of examination of cases of domestic violence by family judges, states the response to the CHR’s question. (more)

Intervention concerning anti-Semitic words in the town of Kalwaria Zebrzydowska. (more)

The Commissioner has written to the Constitutional Tribunal: full legal incapacitation is unconstitutional. (more)

SInce 4 March courts will verify consuls' decisions regarding Schengen visa refusal, cancellation or revocation. The Commissioner has indicated many times that foreigners from outside the European Union need to be guaranteed the right to a court. (more)

MEDIA

The Commissioner has inquired about the National Broadcasting Council’s engagement in the appointment of public media managers, in accordance with the judgment of the Constitutional Tribunal. (more)

TVP channel’s news concerning the death of Paweł Adamowicz were one-sided. The CHR has written to the President of TVP and stressed that the consequences of the lack of pluralism in public media can be very dangerous for the freedom of speech. (more)

The Commissioner is requesting the examination of the “plastusie” TVP Info show .

RIGHTS OF PERSONS DEPRIVED OF LIBERTY

There are no procedures to include prisoners with hepatitis C, who leave a prison, into a group of patients waiting for therapy conducted in regular conditions, i.e. in freedom. The Commissioner has addressed the Minister of Health about the matter. (more)

A girl suffering from mental disorders was transported to a psychiatric hospital 400 km away, in a police car, accompanied by three uniformed police officers, and without her guardian, which was a traumatic experience for her. The Commissioner has once again highlighted the need for proper legal regulations on transporting minors to psychiatric hospitals following a court ruling. (more)

An arrested woman had to borrow a bra from another detainee. Underwear that a woman can get from a pre-trial detention facility or prison, when she is placed there without her own items, includes only pyjamas, underpants and socks. The Commissioner has requested the Minister of Justice to supplement the list included in the relevant regulation. (more)

People with mental illnesses should be moved from prisons to hospitals. The CHR has again intervened before the Minister of Justice with regard to the issue. (more)

THE CHRONICLE

The time of cold winter and frost highlights the problem of homeless people who are ill and in need of help (including medical care), but who, after leaving a hospital, are not provided with any shelter. The issue was discussed at the meeting of the Expert Committee on the Prevention of Homelessness. (more)

At the Ministry of Digitization, a meeting on patho-streaming was held. (more)

How to make the restored state of law fulfil its constitutional guarantees? It is important not to lead to spiralling revenge, emphasized the CHR during the conference organized by the Batory Foundation’s ForumIdei. (more)