POLAND

In the context of the Universal Periodic Review, Amnesty International has made the following recommendations to Poland

 

Follow up to the previous review:

  • Ensure that the Ombudsperson’s office is adequately financed to fulfil its role, including as regards assisting victims of discrimination in pursuing their complaints, and conducting independent research and issuing recommendations on the subject of equal treatment;
  • Ratify and implement Protocol No. 12 to the European Convention on Human Rights;
  • Implement the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding prison conditions, in particular the provision to ensure at least 4m² per inmate in multi-occupancy cells.
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    Poland’s role in the US-led rendition and secret detention programmes:

  • Ensure that the investigation into allegations of Polish complicity in renditions and secret detention continues with as much transparency as possible and in conformity with Poland’s international legal obligations. Anyone found responsible for crimes under international law should be brought to justice in fair proceedings;
  • Fully co-operate with the UN Special Procedures on the issue of secret detention in the context of counter-terrorism operations, including by providing them with relevant information on the subject.
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    Excessive use of force by law enforcement officials:

  • Ensure that the draft law on coercive measures meets the requirements in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, in particular, the obligation to issue a warning to precede the use of firearms.
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    Racism:

  • Take measures to prevent racist incidents and hate crimes, and to ensure collection of data on these crimes;
  • Ensure that racially-motivated crimes and other hate crimes are subjected to prompt, independent, impartial and adequate investigation; that those responsible for such crimes are brought to justice in fair proceedings; and that the victims are provided with an effective remedy, including reparation;
  • Ensure that all police officers and prosecutors receive in-service training on the nature of hate crimes and the role of the police in combating them.
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    Reproductive rights and access to abortion:

  • Ensure women can access lawful abortion by creating clear, legally binding regulations for the implementation of the 1993 Family Planning Act;
  • Repeal the Criminal Code provisions related to doctors, in particular Article 152, paragraphs 1 and 2 on performing or assisting in the performance of an abortion that does not meet the conditions set out in the 1993 Family Planning Act;
  • Ensure access to remedy and timely review of appeals against a refusal of a therapeutic abortion where provided for in law.
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    Poland: Amnesty International's submission to the UN Universal Periodic Review

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