The Human Rights Committee has considered the fifth periodic report of Poland on how that State party implements the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Sylweriusz Królak, Under Secretary of State in the Ministry of Justice of Poland, said the report under consideration laid special emphasis on questions related to gender mainstreaming which would be successfully safeguarded by the Government Plenipotentiary for an Equal Status for Women and Men, appointed in November 2001. A priority of the Government had been to eliminate the abuse of junior soldiers in the army. He also referred to the measures adopted by the Government with a view to providing efficient penitentiary supervision and independent monitoring of rights of persons deprived of liberty. Mr. Królak noted that the report offered detailed explanations on other issues which caused concern to the Committee; these included the frequency of pre-trial detention, access to legal assistance, the scope of jurisdiction of military courts, and the monitoring and tapping of telephones and of new religious movements.

In preliminary remarks, Committee Chairperson Abdelfattah Amor noted the efforts of the Government in its fight against discrimination. The Chairperson underscored the importance of various programmes to fight discrimination and also expressed the great interest of the Committee in the State party's efforts with regard to the death penalty and in that regard hoped it would soon ratify the second Optional Protocol of the Covenant. The matter of minorities and especially the Roma continued to hold the attention of the Committee and Mr. Amor congratulated the delegation for its frankness in this regard while noting that much remained to be done in this area. Anti-Semitism, domestic violence and abortion in Poland were also areas which were of concern in Poland. Mr. Amor also expressed his hope that the judicial reforms being undertaken in Poland would be carried out swiftly.

Other Committee Experts raised questions on subjects pertaining, among other things, to gender mainstreaming and domestic violence, abortion, counter-terrorism measures, torture and ill treatment of prisoners, prison conditions and pre-trial detention, human trafficking and the issue of minorities in Poland, in particular the Roma.

The Committee will issue its formal, written concluding observations and recommendations on the report of Poland towards the end of its session which will conclude on 5 November.

Also representing Poland were representatives of the country's Ministry of Justice, Ministry of Social Policy, Ministry of Health, Ministry of Interior Administration, Ministry of Foreign Affairs, Ministry of National Education and Sport, Ministry of Economy and Labour, Office of the Government's Plenipotentiary for the Equal Status of Women and Men, the Office for the Repatriation of Aliens, the General Police Headquarters, the Central Board of Prison Services, and the Permanent Mission of Poland to the United Nations Office at Geneva.

Poland is among the 153 States parties to the Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m. this afternoon, it will hold its third informal meeting with States parties to the Covenant.

Report of Poland

According to the fifth periodic report of Poland (CCPR/C/POL/2004/5), which covers the period from January 1995 to September 2003, the new Constitution of Poland, which entered into force in October 1997, guarantees rights and freedoms of all citizens and significantly strengthens the mechanisms safeguarding their protection. Within the constitutional legal order, international agreements are placed under the Constitution. Moreover, the Constitution guarantees the rights stipulated in the International Covenant on Civil and Political Rights and allows anyone whose constitutional freedoms or rights have been infringed upon to lodge a complaint with the Constitutional Court. The report highlights the entry into force on 1 September 1998 of the Penal Code, the Code of Criminal Procedure and the Executive Penal Code. The new Penal Code introduces penal liability for crimes against humanity and war crimes and also abolishes the death penalty; the new Code of Criminal Procedure significantly strengthens the guarantees of the defendant, while its amendment that entered into force in July 2003 introduces a number of solutions aimed to streamline and simplify criminal proceedings; the new Executive Penal Code strengthens procedures aimed at guaranteeing the rights of prisoners.

The report also draws attention to the so-called wave phenomenon - practices used in the army which consist of exploiting and humiliating recruits. The existence of this phenomenon is the subject of regular surveys conducted by the Military Office for Sociological Research, which shows a significant limitation of these incidents in recent years; in 1998 the existence of this phenomenon was declared by some 74 per cent of soldiers carrying out their mandatory military service, as compared to 36 per cent at present. Among other things, the Ministry of Defence has adopted a plan of action aimed to further limit this phenomenon. With regard to trafficking in human beings, Poland, which initially was primarily a country of origin, has recently become a transit country of such victims. In 2001, a programme of cooperation was signed between the Governments of Poland, the Czech Republic and the Office on Drugs and Crime of the United Nations Centre for International Crime Prevention. In order to implement the programme, an inter-ministerial working group was formed. Moreover, the report states that preliminary detention is used exclusively by the courts for a period of three months. However, in the case of special circumstances concerning the conclusion of proceedings, a court of the first instance may prolong preliminary detention for a combined period of up to 12 months.

Presentation of Report

SYLWERIUSZ KRÓLAK, Under Secretary of State in the Ministry of Justice of Poland, said the report under consideration laid special emphasis on questions related to gender mainstreaming, described the participation of women in political, economic, and social life in Poland, and made specific reference to all the questions of concern to the Committee. In the opinion of the Government, gender mainstreaming was being successfully safeguarded by the Government Plenipotentiary for an Equal Status for Women and Men, appointed in November 2001. The Government Plenipotentiary had prepared and started the implementation of two national actions plans. The National Action Plan for Women, which was adopted by the Government in August last year, presented a comprehensive approach to the solution of problems related to women. In December last year, a permanent Team of Experts for the Monitoring of the National Action Plan for Women was set up within the Secretariat of the Government Plenipotentiary.

Poland had also enacted a number of positive changes in the field of preventing discrimination in the work place, the head of the delegation noted. As of January 2002, the Labour Code had been supplemented with a Chapter entitled "Equal Treatment of Women and Men". Moreover, the notion of discrimination on grounds of sex had begun to focus on sexual harassment and as a result the employer was obliged to create a work place free from all forms of discrimination. The implementation of sexual education was an obligatory task in all schools in Poland and was conducted as part of the course "Education for life in the family". The curriculum for this course included information on family planning, unwanted pregnancy and HIV/AIDS prevention, among other things.

Mr. Królak mentioned a law concerning the length of proceedings which entered into force in September 2004 and which defined "an unreasonable length of judicial proceedings" and regulated the principles and procedures of considering the complaint of a party whose right to have a case adjudicated within a reasonable length of time was violated as a result of the court's action or inaction.

Another issue that the report covered was the elimination of domestic violence. The Under Secretary indicated that at present there were 134 fully operational hostels for victims of domestic violence and 84 emergency centres managed and financed by district authorities. More than 22,000 people had been offered assistance in these centres last year, he added. In the opinion of the Government, the Police in Poland were more expert at taking advantage of the currently binding legal regulations of the Penal Code and of the Code of Criminal Procedure, which allowed a more efficient prevention of the rise in domestic violence. Among related measures taken was the additional use of restraining orders.

A priority of the Government was to eliminate the abuse of junior soldiers in the army, the head of the delegation noted, as indicated in the report. The report also offered a detailed account of the measures adopted by the Government with a view to providing efficient penitentiary supervision and independent monitoring of the rights of persons deprived of liberty. The Government of Poland shared the concern of the Committee caused by the overcrowding of correctional facilities and pre-trial detention centres. Since the beginning of 1999, the number of prisoners had risen from around 53,000 to the current figure of over 79,000. The standard of around 3,200 accommodation places of prisoners had been upgraded, and the number of accommodation places had increased since 1999 to nearly 70,000. The adoption by the Government in April 2004 of a document "Basic Problems of the Penitentiary System" represented a major step towards the resolution of the problem of overcrowded Polish prisons.

Mr. Królak noted that the report offered detailed explanations on other issues which had been of concern to the Committee; these included the frequency of pre-trial detention, access to legal assistance, the scope of jurisdiction of military courts, and the monitoring and tapping of telephones and of new religious movements.

The Under Secretary highlighted the major legislation changes that had occurred within the last year in Poland. In September 2004, the President had signed the Law on Health Care Services Financed from Public Funds which regulated, among other things, the scope and conditions for providing health care services financed from public funds. Moreover, also last month, the amendments to the Civil Code had entered into force. They aimed to secure more effectively ways of seeking compensation for the damage incurred due to actions incompatible with the law or due to omissions during the execution of pubic authority. These changes would make seeking compensation for damage easier. Moreover, in August 2004, three joint sessions of the Sejm (Parliament) had approved a draft law on National and Ethnic Minorities and on Regional Languages. In April this year, a draft law on conscious parenthood was submitted to Parliament.

Questions Raised by the Committee Experts

The delegation of Poland responded to a series of questions submitted beforehand in writing by the Committee and also to questions posed orally by Committee Experts. The questions touched upon the subjects of the establishment of a national human rights institution; the State party's law on counter-terrorism; gender mainstreaming, in particular on the participation of women in the highest levels of management; the Optional Protocol to the Covenant on communications; the principle of non-refoulment; HIV/AIDS education; legal assistance; torture and ill-treatment; human trafficking; and the situation of minorities.

Several members of the Committee asked for more information about clandestine abortions in Poland, while noting that some 80,000 to 200,000 abortions were carried out each year, according to information received from non-governmental organizations. A Committee member also asked for information on the draft Law on Conscious Parenthood and how it was foreseen to improve the situation of abortion in Poland.

Another member of the Committee raised the issue of an Iraqi national in Poland who had expressed approval for the attacks on the World Trade Centre on 11 September 2001 and was subsequently expelled to Jordan. The Committee Expert asked what measures Poland had taken to ensure that the individual in question would not be subjected to any treatment incompatible with the International Covenant on Civil and Political Rights.

Responses by Delegation

Human Rights and Conditions of Detention

Asked to elaborate on the results of the Ombudsman's activities regarding human rights complaints and investigations, the delegation of Poland said that over the last nine years, the Office of the Ombudsman had received more than 435,000 complaints. It had received more than 700,000 complaints since it was established 17 years ago; some 30 per cent of these cases were not within the competence of the Ombudsman. The Ombudsman took initiatives using a host of legal measures at his disposable. Among the issues of concern to the Ombudsman was poverty, which was largely generated by unemployment, and problems in the healthcare system, for which the Ombudsman had set up a new sub-office to address the issue. Another matter of concern was the length of judicial proceedings and the overcrowding of detention facilities. The delegation noted that only a few number of cases had been recorded by the Ombudsman concerning discrimination against minorities. The Ombudsman was appointed by Parliament and was only answerable to that body. The Ombudsman was not part of the Government and the post was held for five-year renewable periods. The Ombudsman protected human rights as defined in the Constitution and not just civil and political rights.

Asked if the Government had taken a decision regarding the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, the delegation said the Ministry of the Interior had initiated the ratification procedure for the Protocol and at present there was preparatory work underway.

The Committee asked the delegation to elaborate on the effectiveness of the measures that were in place to punish acts of torture and ill treatment of detainees and inmates by law enforcement officials, in light of reports of such cases. The delegation said several measures were undertaken especially in the area of prevention to penalize those suspected of carrying out such actions. The Government had launched specific procedures including those on police conduct and a system of lodging complaints which guaranteed people deprived of liberty a possibility of filing complaints to domestic and international institutions. The Government had also placed a special emphasis on training for police officers in terms of humanitarian treatment of detainees. No single case was noted within the reporting period of a death as a result of torture or ill treatment, the delegation added.

With regard to prison overcrowding, the delegation noted that the Government of Poland had complied with basic regulations, however due to the problems of overcrowding in prisons, several prisoners had to be sent to prisons far away from their places of residence which made it difficult for family visits. Moreover, very few prison cells were for one person due to the problem of overcrowding. The delegation added that the current number of prisoners was around 79,000 but the number of places allowed for a capacity of 70,000. The maximum number of prisoners recorded in Poland was around 83,000 at the beginning of 2003. Prior acts of aggression in prisons corresponded to the large problem of overcrowding; however this phenomenon had been decreasing given the lower number of prisoners. Moreover, the Government had adopted a programme to adopt an additional 10,000 places in prisons.

Turning to pre-trial detention, the delegation indicated that in 2000 there were some 38,000 pre-trial detentions in Poland; 42,000 in 2001; 37,000 in 2002 and 36,000 in 2003. It was the aim of the Government to reduce the number of pre-trial detentions. At present the application of temporary arrests was an independent decision applied by the Court of Justice. Regarding a question on telephone tapping, the delegation noted that as of March 2002 there was a new law which obliged the Prosecutor General to submit annual reports on the activities of operations of the police including telephone tapping. These annual reports did not have any information on such activities at present.

Counter-Terrorism Measures

With regard to the State party's counter-terrorism measures, the delegation drew attention to the Security Council resolution which had set up a Counter Terrorism Committee and the report prepared by the Polish Government which had been presented to that Committee. The report addressed, among other things, the State's measures to combat terrorism. The delegation recalled the comments by the Secretary-General of the United Nations who said counter terrorism measures should not compromise any human rights, a position echoed by the Polish Government. Poland's counter-terrorism measures, which included a move to sanction the financing of terrorist activities, were in full conformity with the provisions of the International Covenant on Civil and Political Rights, the delegation added. In response to a follow-up question, the delegation said the definition of terrorism in Polish criminal law was non-existent; however, within the Penal Code there was a definition of a crime with a terrorist character and which called for a penalty for such acts of up to five years in prison. As per the Penal Code, no person could be extradited to a country where that person could be subjected to the death penalty or torture. No such case had taken place in Poland up to now.

Gender Equality

The delegation was asked for further information on the objectives of the second stage of the National Action Plan for Women, in particular with regard to the participation of women in public life and equal remuneration. The National Action Plan for Women was adopted a year ago in response to the recommendations set out at the Fourth World Conference for Women in Beijing. The Plan aimed to find a comprehensive solution to guaranteeing women's rights and was based on a formula of open dialogue. It also used research carried out by non-governmental organizations and the mass media. The National Action Plan contained chapters which included areas on women's rights and human rights; economic activity of women; violence; health; education; the participation of women in public positions; women and the mass media; cooperation of government bodies with non-governmental organizations; and strategic analysis and data collection. Another measure outlined in the Action Plan was a new draft law which contained a definition of sexual harassment. Moreover, the Plan envisaged projects aimed at eliminating stereotypes and ensuring equal remuneration. Women earned about 20 per cent less than men in similar professional positions, the delegation noted. Women in Poland were also suffering from long-standing unemployment and the Government had organized programmes to address this issue. Awareness-raising measures had also been taken by the Government as per its National Action Plan for Women.

Concerning discrimination in the workplace, the delegation referred to the amendment to the Labour Code which introduced the principle of non-discrimination in the work place and which stated that any form of discrimination in a place of employment was inadmissible. Also according to the Code, any employee whose rights were violated by discrimination in the work place could claim compensation in the courts. The delegation added that for the first nine months of this year, there were reports of some 100 cases concerning discrimination in the work place, although most of them were not documented. A Committee member said that according to reports, only two per cent of women held top executive positions; the delegation said according to Government data this number was 22 per cent. Moreover, the Constitution stipulated that all people were equal in the law and no one could be discriminated against in economic, social or cultural life. The ban on discrimination introduced in the Labour Code was just an example of the State's policy on non-discrimination. There had been a drop in the number of unemployed people in Poland. In Polish society, women constituted over 50 per cent of the labour market and there were Government programmes which targeted women to improve their situation in terms of labour. The delegation added that all key international instruments on labour had been ratified by Poland.

The Committee asked what the current status of the draft amendment on the Law of Social Insurance was to which the delegation said the Government presented the draft amendment to introduce an equal pension age to address inequalities dictated by the previous pension law. The draft provided for a flexible pension age to allow men and women to go into retirement three years before the official retirement age of 65, the delegation added.

On the subject of domestic violence, the delegation referred to the decision issued by the police calling on every citizen who had knowledge of crimes of domestic violence to notify the police of such crimes. In 2003, compared to 1995, there was an increase by more than 28 per cent in the number of trials on these crimes, but that did not reflect an increase in the number of cases. Rather, it reflected a more efficient approach at dealing with such crimes, the delegation said; the number of suspects had increased by some 50 per cent. Moreover, special procedures had been prepared for proceedings for these crimes and in 1998, the Commander of the Police forces in Poland had introduced a system the Blue Charter - of counteracting domestic violence which was further modified in 2002. As per this proactive system, the police officer was obliged to take preventive measures vis a vis the perpetrators and make visits to the homes of victims of domestic violence.

Since 2000, there had been about 18,000 police officers trained in basic courses on the areas of domestic violence under this system. Besides sanctions, Polish legislation provided measures aimed at the prevention of domestic violence such as increased restraining orders. At present, a proposal submitted by the President was pending before Parliament on enhanced penal measures pertaining to domestic violence. All these measures were aimed at improving the efficiency to persecute cases of domestic violence. In 2005, a programme to develop remedy measures for victims of such crimes would be introduced. There was also a draft law on compensation to victims of these crimes. The law provided that only the most severely victimized persons was eligible to compensation and only if the person could not get assistance from any other source, the delegation added. As per the number of shelters for victims of domestic violence, the delegation noted that there were shortfalls; however these shelters did exist in certain parts of Poland. The Government would take measures to increase the number of these shelters.

On the subject of the State's law on abortion, the delegation said abortion in Poland could only be conducted if a woman's health was in danger. However, social factors did not allow for possibilities of carrying out abortion mostly due to political and religious ramifications. In April 2004, a law on Planned Parenthood was submitted to Parliament to address the issue of abortion. The death of a pregnant woman was very rare in cases of abortion and in the past five years only one case was reported, in 2001. Moreover, clandestine abortions were very expensive in Poland which dissuaded women from resorting to them. The number of clandestine abortions was estimated to be 50,000 to 70,000 per year as per the Ministry of Health, the delegation added.

Concerning sexual education in school, including on sexually transmitted diseases and HIV/AIDS, the delegation said sexual education had been introduced into the Polish school curriculum in 1994. Sexual education provided students with information about human sexuality, contraceptives and HIV/AIDS. In response to a follow-up question, the delegation noted that the rate of HIV/AIDS infected persons in Poland was relatively low, which was a reflection of the measures taken by the State to combat the pandemic. These measures included antiretroviral therapy being administered to those living with HIV/AIDS. The delegation added that no cases of HIV/AIDS as a result of blood transfusion had been recorded in Poland.

Trafficking in Human Beings

The delegation was asked to provide further information on the status of the State's National Programme for the Elimination and Prevention of Trafficking in Human Beings. They said as per Polish law, a person accused of such crimes was imprisoned for at least three years and there were longer sentences for more aggravated crimes of this nature. The problem of trafficking of persons in Poland mainly involved women to force them into prostitution. The Government had placed a lot of emphasis on countering this type of activity. In 2003, it adopted a national programme in cooperation with non-governmental organizations. Within the framework of the programme, campaigns had been conducted by the police in collaboration with the mass media. Starting 2001, border guards had been engaged in counter measures and in March 2004, an inter-ministerial team had been set up to monitor the implementation of the national programme for counteracting the trafficking of human beings. The protection of witnesses of such crimes was also provided for as per the national programme. Among other things, training programmes for the police forces and border guards were conducted and organized by a non-governmental organization. The delegation added that a draft law on aliens had already been submitted to Parliament and would make it possible to grant a visa to an alien who had been a victim of human trafficking.

Refugees and Asylum Seekers

The delegation was asked to comment on the situation of asylum seekers and the principle of non-refoulment, in particular with regard to Chechen asylum seekers. The delegation said in order to be granted asylum status in Poland, the foreigner must prove that he or she required protection. The Committee referred to the State party report which indicated that of the total of 25 cases of application for asylum which had been filed in 2002, "no single positive decision was issued". The delegation explained that in these 25 cases none of the requirements were met and therefore they were rejected. As of 2003, the non-refoulment principle was being fully observed in Poland, and this concerned particularly nationals of Chechen origin. Concerning the specific case of a citizen of Yemen raised by a member of the Committee, the principle of non-refoulment was not violated because he was not seeking refugee status in Poland, the delegation added.

Right to a Fair Trial

In terms of the right to a fair trial, the delegation said detailed statistical data for 2003 and the first half of this year had been compiled and dictated that there had been a 28 per cent increase in the budget of the court system; there had also been an increase in terms of the number of judges; cases filed to the courts indicated an increase by nearly 10 per cent and another 11 per cent increase in terms of the cases settled by the courts. Moreover, judicial proceedings were being simplified.

On the subject of legal assistance, the delegation mentioned that work was underway at present on a new draft law on court fees in civil cases. The draft law was also to contribute to the improvement and acceleration of civil proceedings. There was a reform concerning granting defence attorneys for persons who could not afford their own for court proceedings. The judicial reform envisaged by the Government also took into account the system of remuneration for victims.

The delegation was asked specifically to comment on information before the Committee, according to which access to legal assistance for temporarily detained persons had frequently been restricted, and that the first contact with a lawyer and the accused had taken place only during the final stage of the preliminary investigation. The delegation said that as per the Code on Criminal Proceedings, a detained person was able to maintain contact with their lawyer after an initial period of 14 days in detention. In 2004, an inspection was carried out by the office of the Prosecutor to ensure that this right to contact a lawyer was not violated. The delegation added that temporary arrests in Poland were not intended to be an isolation measure.

Racial and Other Forms of Discrimination

The delegation was asked to comment about acts of racially motivated harassment and discrimination against Roma and other minorities in Poland. The delegation said when it came to the rights of the Roma, the Commander of the Police was obligated to report any such crime of discrimination; thus far no single incident had been filed which justified a court case. The Council of Ministers adopted a programme on combating racism and xenophobia, including anti-Semitism. The programmes aimed to alleviate the problems facing the Roma community included activities to improve their social situation and to promote their rights in society; priority had been given to education and many investment projects were realized for Roma communities. Jobs were created for Roma and training sessions were conducted for State authorities to educate them on the issues facing the Roma. Multimedia publications were also produced to promote the Roma communities in a positive light. The delegation emphasized that the Roma was the only minority in Poland that was under threat in terms of violence and criminal action. The Government had been maintaining full contact with representatives of people from the Roma community. When the Ministry of the Interior learned of cases of violence perpetrated against Roma they were forwarded to the Police. Access to social services for the Roma was also being targeted by the Government's programme for the Roma community.

The delegation was asked to elaborate on the desecration of Catholic and Jewish cemeteries, to which it replied that crimes of this nature were subjected to penal measures. Over 650 crimes of this nature had taken place, most of which were characterized as acts of hooliganism. The police had taken action to try to identify the perpetrators and had been taking actions aimed at the prevention of such acts of desecration.

Concerning a question on sexual minorities, the delegation noted that sexual minorities in Poland were protected by the Constitution and crimes on the basis of sexual orientation fell under the competencies of the Government Plenipotentiary. The police had also introduced into its training programmes the issues related to sexual minorities. A legal framework had been established to address this matter; however, social awareness remained as an obstacle.

The delegation was asked to provide information on the existing regulations as to the right of minorities to use their own language in dealing with administrative authorities. It said the current legislation in Poland did not envisage such provisions. However a draft law had been written to take into consideration this provision. The draft law envisaged the creation of a joint commission consisting of representatives of national minorities government representatives to tackle this issue.

In response to a question on the issue of Salesians in Poland, the delegation affirmed that there were around 170,000 citizens of Poland who declared their nationality as Salesian. The Government protected those groups that met the criterion of national or ethnic minority as per the new draft law, however the Salesians did not meet these criteria.

Preliminary Remarks

ABDELFATTAH AMOR, Chairperson of the Committee, thanked the delegation for the quality of the report submitted, for the level of competence demonstrated by the delegation, and for the serious efforts being undertaken by the Government to develop further the state of law and democracy in Poland.

Of particular note were the efforts of the Government in the fight against discrimination. The Chairperson underscored the importance of various programmes to fight discrimination and also expressed the great interest of the Committee in the State party's efforts with regard to the death penalty and in that regard hoped it would soon ratify the second Optional Protocol of the Covenant.

The matter of minorities and especially the Roma continued to hold the attention of the Committee and Mr. Amor congratulated the delegation for its frankness in this regard while noting that much remained to be done in this area. Anti-Semitism in Poland, domestic violence and abortion in Poland were also areas which were of concern. The Chairperson said the Committee was surprised to see that the status of women in Poland still needed further development while noting that the number of unemployed females was quite high compared to the number of males; the Committee was struck by that disparity, he added. Lastly, Mr. Amor said he hoped the judicial reforms being undertaken in Poland would be carried out swiftly.