Web pages about "Poland"

Poland: government must investigate secret CIA jails

Fri, 12 Sep 2008 20:05:16 +0100

With evidence that the CIA operated a secret detention facility in Poland mounting, Amnesty International has welcomed the news that public prosecutors have initiated an investigation into these long-standing allegations. This is an important step in the journey towards accountability for the unlawful detention and transfer of detainees in Europe.

The organization has, however, stressed that the investigation must be thorough and independent, and expressed concerns about its proposed scope and powers. Former government officials have reportedly said that although they are willing to speak to investigators, their testimony will be limited by Poland’s laws on the confidentiality of state secrets.

Also, the scope of the prosecutor’s investigation will be limited to offences under Article 231 of the Polish Penal Code, relating only to public officials overstepping their official powers. Those held in the CIA secret detention programme, however, were subjected to torture and enforced disappearance, both crimes under international law.

Amnesty International's demands

The Polish government must initiate a full, independent, impartial and effective investigation, which is adequately resourced and able to establish whether or not there was a CIA detention facility on Polish soil, and if so, the arrangements under which it operated. The investigating body must refer appropriate information about alleged criminal conduct and human rights violations to the relevant authorities.

Prosecutors, in this or any future investigation, must have authority to investigate allegations that individuals were subjected to the crimes of enforced disappearance and torture and other ill-treatment on Polish territory, regardless of nationality, position or rank of those alleged to have been responsible or complicit.

Background

The stonewalling and denials of the previous government are increasingly wearing thin. In August 2008, Polish media reported that a note prepared by military intelligence, confirming the existence of a secret CIA facility, had been seen by government officials in 2006. Allegations of secret CIA detention facilities in Eastern Europe first emerged in November 2005 in the Washington Post; other media and Human Rights Watch later identified Poland as one of the countries hosting CIA “black sites”.

Earlier in 2005, Amnesty International interviewed three Yemeni men who had been held in the secret CIA programme, who had alleged that they were detained in Europe. Former detainees from other countries have since provided similar accounts.

In 2007, the Parliamentary Assembly of the Council of Europe’s report affirmed that “there was now enough evidence to state that secret detention facilities run by the CIA did exist in Europe from 2003 to 2005, in particular in Poland and Romania”.

The Polish government initiated internal inquiries in November and December 2005. The Sejm (Polish Parliament) Secret Services committee conducted the investigation but did not release the findings or methodology. The government nevertheless claimed that they “unequivocally” showed that there was no secret detention facility in Poland.

UN examines human rights in member countries

Mon, 07 Apr 2008 17:59:20 +0100

All UN member states are facing a rigorous examination of their human rights records. The inaugural session of the UN Human Rights Council's Universal Periodic Review (UPR) working group began on Monday.

The Universal Periodic Review (UPR) is a new mechanism of the UN Human Rights Council and, over the next four years, it will regularly review the human rights obligations and commitments of all 192 Member States. Governments themselves will carry out this regular and systematic scrutiny.

The new process will address one of the main criticisms of the Council’s predecessor, the Commission on Human Rights, which was accused of considering only a small number of countries, and of often avoiding pressing situations for political reasons.

The UPR Working Group will, until 18 April, examine the human rights records of 16 countries: Algeria, Argentina, Bahrain, Brazil, Czech Republic, Ecuador, Finland, India, Indonesia, Morocco, the Netherlands, the Philippines, Poland, South Africa, Tunisia and the UK.

This first session will be followed by two further sessions in 2008, so that 48 countries, selected by drawing lots, will have been scrutinized during the year.

An important feature of the new process is that governments of the countries under examination are expected to carry out a broad consultation among civil society. Amnesty International has lobbied energetically to ensure that all relevant voices are heard.

The organisation has submitted information on 14 of the 16 countries above and its members and supporters are working with civil society within each country to raise awareness of the new process.

Amnesty International said, in a statement issued on Monday, that this first session of the UPR Working Group will be key in setting the standard for future reviews, in terms of process as well as substance.

"Both reviewed and reviewing countries have an important role to play. Amnesty International looks to all member states to step up and help launch the UPR as an effective human rights mechanism," said Martin Macpherson, Director of the organization's International Law and Organisations Programme.

The world shouts 'Close Guantánamo'

Sat, 12 Jan 2008 12:55:25 +0000

Thousands of people, including Amnesty International members and supporters from around the world, have taken action to mark the sixth anniversary of the first transfers of detainees to Guantánamo. Amnesty International staged protests in 30 countries on Friday, 11 January.

Click on the pictures to the right to watch a slideshow with images of the day.

More than simply a call for closure, Amnesty International once again presented the US government with the organization’s framework for ending illegal detentions, whether at Guantánamo or elsewhere. This time, the framework was supported by over 1,200 parliamentarians from around the world.

In some countries, including Belgium and Ireland, some of the parliamentarians accompanied Amnesty International activists at their events and demonstrations.

The infamous orange jumpsuit – closely associated with the inhumanity and illegality of Guantánamo – became once more the icon of this anniversary. There was also street theatre, poetry readings, the recreation of Guantánamo cells in city centres, speeches, rallies and cyber activism.

US military chief wants to close Guantánamo

On Sunday, two days after the anniversary, the Chairman of the Joint Chiefs of Staff, US Navy Admiral Michael Mullen became the latest US official to say that Guantánamo should be shut down.

“More that anything else, I just think it has been the image – how Gitmo has become around the world, in terms of representing the United States. I believe from the standpoint of how it reflects on us that it’s been pretty damaging.”

What you can still do

Go to tearitdown.org and add your support to Amnesty International’s framework to end illegal US detentions.

Post a tearitdown banner in your website or blog.

Poland - Amnesty International Report 2008

Wed, 08 Oct 2008 01:38:20 +0100

Polanddenied allegations that it had permitted secret US detention centres on its soil and rebuffed several requests to reopen an investigation into the issue. Lesbian, gay, bisexual and transgender (LGBT) people continued to be subjected to discrimination and intolerance. There wereconcerns about conditions of detention of asylum-seekers and the rights available for people with “tolerated stay” status.

Background

Early parliamentary elections were held in October after Parliament (Sejm) voted to dissolve itself on 7 September following the governing coalition’s loss of its majority after the withdrawal of one of its junior parties. The turnout was the highest since the first post-Communist elections in 1991. A former opposition party, Civic Platform, won the elections and formed a new government in November. The previous administration’s policy of opposing the incorporation of the EU Charter of Fundamental Rights into Polish law was continued by the new government.

‘War on terror’

Poland’s alleged involvement in the USA’s programme of secret detentions and renditions flights continued to be of concern. In February, the European Parliament’s Temporary Committee on allegations of illegal activity in Europe by the US Central Intelligence Agency (CIA) concluded that Poland failed to properly investigate claims that the US had secret detention facilities in their territory. It concluded that investigations had not been conducted independently, and that statements by the government to the Committee’s delegation were contradictory and compromised.In April, the UN Committee against Torture (CAT) urged Poland to disclose details of its parliamentary investigation into the presence of secret CIA detention centres in the country. In its concluding observations in July, CAT expressed its concern at the persistent allegations of Poland’s involvement in extraordinary renditions. When asked about this issue, the then Prime Minister Jarosław Kaczyński said the government regarded the allegations as a “closed issue”.In June, the Rapporteur on secret detentions for the Parliamentary Assembly of the Council of Europe (PACE), Dick Marty, issued a second report revealing new evidence that US “high-value detainees” were held in CIA secret detention centres in Poland and Romania between 2002 and 2005. A 2001 secret agreement among NATO members provided the basic framework for this and other illegal CIA activities in Europe, the report alleged.In June, PACE commented that “it is now established with a high degree of probability that secret detention centres operated by the CIA, forming part of the High Value Detainee program, existed for some years in Poland and Romania”. PACE called for democratic oversight of military intelligence services and foreign intelligence services operating in both countries. It also called for transparent investigations and urged compensation for victims of unlawful transfers and detention. Poland denied involvement with secret detention centres.In response, the EU Justice, Freedom and Security Commissioner, Franco Frattini, wrote to the government in July to highlight its obligations under the European Convention on Human Rights to establish whether the allegations were true. He had warned in 2005 that member states could face penalties – including suspension of EU voting rights – if they were found to have taken part in the secret CIA prison system. By the end of the year, Poland had not responded.In September, the European Committee for the Prevention of Torture denounced the use of secret detention and renditions in the fight against terrorism.

Discrimination – sexual orientation

Discriminatory attitudes against LGBT people persisted. Openly homophobic language continued to be used by highly placed politicians, including President Kaczyński and the then Deputy Prime Minister and Minister of Education, Roman Giertych.There were also concerns about proposals announced by the government in March which sought to “prohibit the promotion of homosexuality and other deviance” in Polish schools, and to “punish whoever promotes homosexuality or any other deviance of a sexual nature in educational establishments”. Failure to comply could lead to dismissal, fine or imprisonment.Although following the dissolution of Parliament these measures were never put into practice, European institutions raised concerns that such measures would be a violation of Poland’s international obligations, the Polish Constitution and the commitments undertaken when the country joined the EU in 2004. They would institutionalize discrimination in Poland’s school system and criminalize anyone who promoted equality.The European Commissioner for Employment, Social Affairs and Equal Opportunities, Vladimir Špidla, stated that the European Commission would use all the powers and instruments at its disposal to combat homophobia. Meanwhile, the European Parliament expressed anger and concern at growing intolerance towards LGBT people across Europe. Polish authorities were singled out and called on “to publicly condemn and take measures against declarations by public leaders inciting discrimination and hatred based on sexual orientation”.In June, the Council of Europe’s Human Rights Commissioner expressed strong concerns about a number of aspects of the Polish government’s approach to LGBT people. The Commissioner found “the portrayal and depiction of homosexuality... offensive, out of tune with principles on equality, diversity and respect for the human rights of all”. The Commissioner also expressed his concerns about proposed measures to penalize the alleged promotion of homosexuality in schools. The Commissioner deplored “any instances of hate speech towards homosexuals” and called on the Polish authorities to take a similar stance.

Freedom of expression

In September, the European Court of Human Rights dismissed an appeal by Poland against its original ruling in May in favour of LGBT rights activists from Poland. The activists had successfully challenged a ban on the LGBT Equality Parade in Warsaw in June 2005 by the then Mayor of Warsaw and current President, Lech Kaczyński. The Court upheld its original and unanimous decision that the ban was illegal and discriminatory.

Refugees and asylum-seekers

People with “tolerated stay” status, many of them Chechens from the Russian Federation, continued to be excluded from integration programmes available only to recognized refugees.There were allegations that asylum-seekers in some detention centres received inadequate medical assistance. The CAT raised concerns also about conditions in transit zones and deportation detention centres where foreign nationals awaiting deportation were held.

Despite requests, the authorities failed to answer questions about the death of a Chechen national from the Russian Federation, Isa Abubakarow, in October 2006, allegedly after being denied adequate medical care. He had been sent to the refugee detention centre of Lesznowola after being returned to Poland from Belgium in June 2006. The Polish Ombudsperson filed a complaint about reception conditions and lack of medical care in the Lesznowola centre with the Regional Prosecutor of Grójec which was still pending at the end of 2007.

Death penalty

Although in September the government opposed proposals by the Council of Europe for the inauguration of a European Day Against the Death Penalty, in December the new government announced its support for the initiative.

Discrimination against women

In February, the UN Committee on the Elimination of Discrimination against Women expressed its concerns about the repeated rejection by Parliament of a comprehensive law on gender equality. The Committee also expressed concerns about the abolition of the Government Plenipotentiary for Equal Status of Women and Men in 2005. The new government declined to re-establish the post, despite appeals by NGOs.

Amnesty International visit/reports

Amnesty International delegates visited Poland in May.
Europe and Central Asia: Summary of Amnesty Internationals’ concerns in the region: January-June 2007 (EUR 01/010/2007)
Poland: School bill would violate students’ and teachers’ rights and reinforce homophobia (EUR 37/001/2007)
Poland and Romania: Take responsibility for secret detention sites (EUR 37/003/2007)
Poland: Submission to the UN Universal Periodic Review: first session of the HRC UPR Working Group 7-18 April 2008 (EUR 37/005/2007)

Poland - Amnesty International Report 2007

Wed, 08 Oct 2008 01:24:34 +0100

Lesbian, gay, bisexual and transgender (LGBT) people were subjected to discrimination and intolerance. Allegations that Poland had allowed secret detention centres on its territory as part of the US-led "war on terror" were not satisfactorily resolved during investigations by the Council of Europe and the European Parliament. Chechens granted refugee and "tolerated stay" status had difficulties in accessing education services and social benefits. President Lech Kaczyński and a number of other prominent officials called for restoration of the death penalty.

Background

In a minority government since parliamentary elections in September 2005, the Law and Justice Party (PiS), formed a coalition government in May with the League of Polish Families (LPR) and the Self-Defence (Samoobrona) party. After a political crisis in September, Samoobrona was expelled from the government, but later readmitted when PiS faced losing early parliamentary elections.

Discrimination on grounds of sexual orientation

Openly homophobic statements made by politicians and officials, including the encouragement of violence against peaceful demonstrators, worsened the climate of discrimination and intimidation.

• Wojciech Wierzejski, LPR Vice-President and member of parliament, in May encouraged the use of force against participants in the annual Equality March in Warsaw in June. He reportedly said, "If deviants begin to demonstrate, they should be hit with batons".

• In May the Deputy Minister of Education said that an international project organized by LGBT rights groups and financially supported by the European Commission would lead to the "depravity of young people", and that such groups should not receive funding. In September a project submitted by one LGBT organization to the National Agency of Youth Programme was rejected by the Ministry of Education on the grounds that it "aimed to propagate homosexual behaviour".

• In June the Minister of Education dismissed the director of the National In-Service Teacher Training Centre for having books that encouraged teachers to organize meetings with LGBT organizations. The only book that met the description was an anti-discrimination handbook by the Council of Europe, which subsequently expressed concern at the "homophobia?and homophobic behaviours" within the government. The Centre's new director said in October that "homosexual practices lead to drama, emptiness and degeneracy".

Demonstrators from the LGBT community and other activists were reportedly attacked by counter-demonstrators and unable to exercise their right to peaceful assembly because of police failures.

• In April, despite the presence of the police, more than 1,000 participants of a Tolerance March in Kraków were reportedly harassed and intimidated by members of a right-wing grouping, the All Polish Youth, who held a counter-demonstration, the Tradition March.

Court rulings clarified the legality of the Equality March in Warsaw arranged for 10 June, which the City Council of Warsaw finally authorized on 1 June. Owing to threats from counter-demonstrators, the march organizers agreed a different route with the Council and the police provided sufficient forces to guarantee security. The march went ahead without major incidents.

• In January the Constitutional Court confirmed a Warsaw court ruling of September 2005 that the banning of the Equality March in Warsaw in June 2005 by the then Mayor Lech Kaczyñski was unlawful, and declared that demonstrators need only inform city officials that a public demonstration would be taking place.

• In May the Supreme Administrative Court in Warsaw upheld the decision of the Regional Administrative Court in Poznań, in the case of an LGBT march banned in November 2005, that the threat from a counter-demonstration could not be grounds for banning the demonstration.

Secret detention centres and renditions

In March the Secretary-General of the Council of Europe released his opinion on alleged secret detention centres in member states set up as part of the USA's programme of secret detentions and "renditions" - the illegal transfer of people between states outside of any judicial process. He expressed concern at Poland's inadequate response to questions of whether officials had been involved in the detentions or renditions.

In June the Rapporteur on secret detentions of the Parliamentary Assembly of the Council of Europe (PACE) reported on the global "spider's web" of detentions and transfers by the US Central Intelligence Agency (CIA) and alleged collusion by 14 Council of Europe states. He reported that the Polish authorities were unable, despite repeated requests, to provide information from national aviation records to confirm CIA-connected flights into Poland.

In November a Temporary Committee of the European Parliament, looking into allegations of illegal CIA activity in Europe, deplored Poland's lack of co-operation and failure to establish a special inquiry committee or an independent parliamentary investigation.

Refugees

The majority of asylum seekers from Chechnya in the Russian Federation were denied refugee status, in violation of the 1951 Refugee Geneva Convention, and were granted "tolerated stay" permits only.

UNHCR, the UN refugee agency, reported in May that almost half of school-age children seeking asylum did not attend school at all. People with only "tolerated stay" permits were denied the social assistance given to asylum-seekers and the integration package provided for refugees.

The number of asylum-seekers sent back to Poland from other European Union (EU) states increased following application of the so-called Dublin II Regulation, which establishes criteria and mechanisms for determining which EU state will examine an asylum application.

International scrutiny

In March, reporting on its last visit in 2004, the European Committee for the Prevention of Torture made recommendations to the government on the treatment of detainees. It urged police officers to be informed on a regular and frequent basis that physically or verbally ill-treating detainees was unacceptable and would be severely punished; that only strictly necessary force should be used during arrests; and that there was no justification for striking detainees once they were brought under control. The Committee called on the authorities to ensure that judges and prosecutors who heard a complaint of police ill-treatment from any person before them should immediately request a forensic medical examination. The Committee expressed concern that Poland had not implemented recommendations on police detention facilities for children made during its previous visit in 2000.

Death penalty

President Kaczyñski called for the restoration of the death penalty in Poland and throughout Europe in a Polish public radio broadcast on 28 July, saying: "Countries that give up this penalty award an unimaginable advantage to the criminal over his victim, the advantage of life over death." In August the LPR announced a campaign for Europe-wide restoration of the death penalty and for a referendum on its reintroduction in Poland. Wojciech Wierzejski called the EU's ban on the death penalty "anachronistic."

In response, the European Commission said that the death penalty was "not compatible with European values." The President of the PACE wrote in an open letter to President Kaczyński that "its reintroduction... would be a direct attack on our common values, which are founded on respect for the basic human dignity of every person."

AI country reports/visits

Reports

• Poland and Latvia: Lesbian, gay, bisexual and transgender rights in Poland and Latvia (AI Index: EUR 01/019/2006)

• Poland goes backwards: No to the restoration of the death penalty (AI Index: EUR 37/002/2006)

Visits

AI delegates visited Poland in May and June.