Commission Report (2002): Poland

Civil and political rights

There remain concerns over degrading treatment by the police. 5 391 complaints made against police officers in 2001, which was a slight increase in comparison with 2000, when 5 255 complaints were filed. Of these complaints, 2 884 led to police officers being punished, and 284 to expulsion from the police service. In 2001, 844 criminal proceedings against police officers were initiated, 300 were closed, and in 77 cases the judgement was against the police officer. Concerns have been expressed by human rights organisations that sentencing in such cases is rather lenient and that the existing mechanisms for redress are insufficient. This having been said, there is no evidence of systemic or systematic mistreatment in police custody.

The abuse of custody continues to create some concern. In total Poland has been condemned on 11 occasions. There have been 8 further cases submitted to the European Court of Human Rights (ECtHR) in the Reporting Period four relating to the length of pre-trial detention, three relating to unfounded pre-trial detention and one concerning both. The majority of complaints concern legislation which was amended in 1998. These amendments and provisions included in the amendments of 2000 to the Code of criminal procedure seek to align Polish legislation with the requirements of the European Convention on Human Rights. As noted in the last Report, legislative measures were taken in 2001 to amend the system of ``sobering-u-p stations'' and to better protect the rights of those taken to such stations. It is not yet possible to assess the effectiveness of these measures.

Trafficking in human beings remains an issue of concern. Poland finds itself acting as host, source and transit point for human trafficking. In legislative terms Poland has made progress over the past year, ratifying the UN 2000 Convention on combating transnational crime in November 2001 and signing its Protocol on Trafficking in Human Beings in October 2001. On the ground, the number of people indicted declined from 119 in 2000 (which had been a steep increase compared to 24 indictments in 1999) to 71 in 2001. The number of victims involved in these indictments was below 100 for the first time since 1995: 93 in 2001, compared to 172 in 2000. The number of cases taken to court was, however, fairly stable: 35 cases in 2001, compared to 38 in 2000.

The prison system continues to be an area where the situation has deteriorated rather than progressed since the Opinion. Budgetary constraints have exacerbated the conditions underlined in previous reports. Although the budget of the prison service rose between 1999 and 2002 these additional resources have been used mainly to meet the daily needs of the greatly increased number of detainees, which rose from 54 367 in 1999 to 81 250 in 2002.

The Commission's opinion on Poland noted the country had a legal aid system. The possibility of access to free legal aid currently exists in Polish law and in the provisions for criminal and civil proceedings. A number of different channels exist for the provision of aid, thereby rendering it difficult to determine the total coverage of such aid. The main state channel is the State Treasury, which provided around PLN 54 million (EUR 14.7 million) in 2001 and a further PLN 48 million (around EUR 13 million) of free legal representation via the Ministry of Justice. A third element lies within the responsibility of the courts, but no statistics are available on the number and financial value of exemptions from court costs granted by courts and of appointments of pro bono lawyers in civil cases. Associations, such as war veterans, also grant free legal aid to their members, and some legal clinics, located in the law faculties of several universities in Poland, also provide free legal aid.

As for the cases for which legal aid may be granted, it is mainly for the judge to decide in a civil case if legal aid will be granted and then for the defendant to supply documentation to justify the granting of such aid. In criminal cases, the state covers the costs while the proceedings are under way, but, against the principles generally applied to legal aid, the aid received has to be refunded if the accused is found guilty. Exemption from this duty to bear the costs is at the discretion of the judge, as is the appointment of a pro bono lawyer. Such exemption is obligatory for certain categories of cases, notably those relating to labour or social security law.

Protection for refugees continues to be provided. Poland respects the rights of aliens seeking asylum in Poland under the 1951 Geneva Convention. The series of amendments made in 2001 to the 1997 aliens law has significantly improved the handling of applications, a point which had been of concern (see Chapter 24 -- co-operation in the field of justice and home affairs). Weak points remain, however, notably legal assistance and integration, which were highlighted in the previous Regular Report. Although measures exist in secondary legislation, budget constraints make sound implementation difficult and the situation of asylum seekers remains difficult. NGOs are still very active in providing legal assistance, especially in major urban centres.

Concerns have been expressed over cases of racially motivated crimes, and the alleged failure of the law-enforcement authorities to take action in a number of these.

Freedom of expression continues to be generally respected. However, the slander laws continue to offer politicians a higher level of protection, than that afforded to the general public. This as previously noted is in contravention of the case law of the European Court of Human rights. Freedom of the Media continues to be respected.

As regards the right to privacy, the vetting or Lustracja process, which provides for members of the government, senior officials, officers of the state and members of the judicial system to be vetted for involvement with the former communist regime, remains in place. The issue continues to be one of great sensitivity: amendments adopted by the government to limit the scope of screening procedures by excluding people associated with intelligence and counter-intelligence, as well as border guards, from the category of ``collaborators'' with Poland's communist secret services were rejected by the Constitutional Court. There have been no major developments with regard to the implementation of the Classified Information Law and, in contrast to 2001, no new cases have been taken to contest the law.

Article 53 of the Polish Constitution enshrines the principle of freedom of religion. Individual acts of religious intolerance do take place but they have no place in mainstream political discourse or society.

In 2001, new registration procedures were introduced, and all NGOs were required to reregister. As a result of stricter registration requirements and administrative difficulties with a new process, many NGOs have been denied registration. This has discouraged the establishment of new organisations and disrupts the work of many active organisations. In March 2002, the Supreme Administrative Court decided that reinvestment of donations in stocks and bonds in order to increase the revenue to be spent on statutory activities would be tax-free. The decision makes it possible for all non-governmental organisations to better manage their finances.

With regard to property rights, there has been little change since the last reporting period, particularly with regard to the restitution of property. In the absence of specific legislation (a previous law was vetoed by the President), individual claims must be brought before a court. As the number of cases increases, the relevant case law seems on balance to be favourable to claimants. The process remains, however, long and complex.

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