Newsletter 8 -21 August 2017
MAIN MATTERS
The CHR’s statement: the judgment ordering an apology for the words “Polish death camps” has been issued by an independent Polish court. The CHR is, therefore, deeply concerned about ZDF German TV channel’s argumentation that Polish courts are dependent on the government.
The statement related to the case of Karol Tendera, a former prisoner of Auschwitz. The court found that the use by ZDF of the term “Polish death camps” infringed Mr Tendera’s personality rights. It also concluded that an apology in the form of a letter would be insufficient, and that an adequate remedy would be the publication of an apology statement on ZDF’s web portal where the deceptive term had been used. ZDF Television failed to comply with the judgment and used the argument that Polish courts were not independent [more].
The Commissioner appeals to the Border Guard to respect Poland’s international obligations in the field of interim measures granted by the European Court of Human Rights
The Commissioner has been notified of further cases of refusal of entry to Poland to foreigners in respect of whom the European Court of Human Rights recommended the Polish party to apply so-called interim measures, i.e. to temporarily refrain from the aliens’ deportation to the state from which they tried to enter Poland (i.e. Belarus). The aliens to whom the interim measures were granted tried to pass border check points. However, the Border Guard, although aware of the recommended measures, refused entry to Poland to those persons [more].
The Commissioner writes to Poland’s President with regard to the Act on the state-owned real property pool which allows eviction to the street
In my opinion, the adopted regulation is unacceptable as under its provisions tenant’s living situation will not be assessed by any authority, including a court. Consequently, tenants may be evicted by bailiffs to a shelter or other accommodation facility. This, in fact, will make them homeless. Such situations may possibly affect persons who, until recently, enjoyed special protection against homelessness, e.g. pregnant women, minors, persons who are disabled or ill, wrote Adam Bodnar in his letter to the President of Poland. The letter concerned the provisions of the Act on the state-owned real property pool. The President signed the document in spite of the CHR’s objections [more].
THE COMMISSIONER ON CITIZENS’ ISSUES
A prison is not a place for mentally ill people: the CHR on the case of Mr. Julian, suffering of schizophrenia and kept in provisional detention [more].
The Ministry of Justice agrees with the CHR: regulations have to be amended so that rape victims do not have to wait for a court hearing for over 14 days. Some victims had to wait for as long as 2 - 3 months, which was a source of additional trauma for them [more].
Inhumane treatment of residents of the youth correctional facility in Sadowice. The CHR intervenes before the Minister of Justice and the President of the District Court in Wrocław [more].
The Commissioner on the Minister of the Interior and Administration’s charges against Fundacja Wolni Obywatele RP [Poland’s Free Citizens Foundation]
Representatives of the foundation take part in counter-demonstrations organized during the monthly meetings held in front of the Presidential Palace in Warsaw to commemorate the Smolensk disaster victims. The Minister called on the foundation to discontinue the violation of the commonly binding law and the foundation’s Statutes. The letter did not specify, however, what violations the minister meant [more].
How does Poland help victims of crime? The Commissioner for Human Rights writes to the Minister of Justice with regard to the implementation of the EU Directive regarding the rights, support and protection of victims of crime [more].
The CHR has assessed the conditions in which senior prisoners are held
As a result of meetings held with prisoners over 75 years of age, the Commissioner has drawn up a special report and forwarded his comments to Director General of the Prison Service [more].
The Commissioner has filed a cassation appeal with the Supreme Administrative Court with regard to restrictions caused by the construction of high-voltage lines
The issue relates to the determination and payment of compensations for damages caused by the construction of power lines [more].
Is the Ministry of Construction working to amend the regulations which, today, fail to protect apartment owners against eviction in the case their apartments are encumbered with a mortgage? The CHR’s intervention to the Minister of Infrastructure and Construction [more].
The Ministry of National Education’s reply to the CHR’s intervention concerning the principles of conducting Lenten retreats in schools [more].
Contracts concluded by telephone: the consumers should have access to the recordings - the Commissioner’s further intervention to the Minister of Digitization [more].
The Commissioner is concerned about the amendments to the regulations regarding the obligation to maintain medical confidentiality after the patient's death [more].
The CHR Office receives complaints from persons deprived of liberty, whose employment outside penitentiary institution has been terminated and who may not get temporary release. The Commissioner has intervened before Director General of the Prison Service [more].
The CHR on the situation of transgender persons on the labour market [more].
LEGISLATION
May court proceeding be used in cases regarding eviction from temporary flats? The issue will be analysed by the Supreme Court. The CHR has joined the proceeding [more].
Reconciliation of family and professional roles: is the issue covered by the draft labour law regulations? The CHR’s inquiry to the Minister of Family, Labour and Social Policy [more].
The Commissioner writes to the Minister of Justice with regard to data protection in the work of expert groups issuing opinions for courts [more].
The CHR writes to the Minister of Justice with regard to inequalities in third-party protection levels in so-called action Pauliana cases [more].
THE CHRONICLE
A meeting on the issues of child maintenance and alternate child care [more].
A visit to the Institution for Chronically Ill Women in Warsaw [more].
August 7 was celebrated as Transgender International Rights and Education Day [more].