There is simply a improvement of the rules on temporary arrest. The hotel of Justice announces changes.
For years lawyers, ombudsman and NGOs have been informing that the excessive usage of pre-trial arrests in Poland is simply a systemic problem that needs to be solved. The European Court of Human Rights has besides raised this issue, which has pointed out that there is simply a chronic usage of temporary detention in our country.
Without justification
Among those calling for urgent changes is the Court Watch Polska Foundation, which monitors the scale and scope of this preventive measure. A study published 5 years ago revealed that the temporary arrest was in practice a default preventive measure, and most of the court rulings under review were justified in an apparent manner. Indeed, the defendants were incapable to learn from them why they were arrested.
“The situation has improved partially,” says president of Court Watch Polska Bartosz Pilitowski. "Unfortunately, the number of prosecutors' requests for interim arrest has increased. 2022 was evidence in this respect. On the another hand, the percent accepted by courts of applications fell from 91 to 87%. This shows that any judges manage to be more critical of the prosecution's policy. This is good news – Pilitowski stated.
At the same time, he stressed that there was inactive a lot to do, and the systemic problem remains valid. According to a fresh study by the foundation released on Monday, 42% of the judges examining the arrest applications from 2017 to 2021 did not reject a single specified request at that time. As a result, our country is in the 3rd place of the 21 European countries in terms of the usage of provisional arrest.
Alongside NGOs, RPOs are active in the fight against the abuse of this preventive measure. In his opinion, the rules on this request to be changed urgently. It besides points out that the Constitutional Court ruled the unconstitutionality of the current solutions more than 10 years ago, and that the Court besides referred to inconsistencies in the strategy in its judgement of 2019. However, there was no change in the rules. Consequently, Marcin Wiązek called on the Minister of Justice to amend the rules so that they were clear, precise and without any doubt.
Ministry is making changes
The RPO appeal was answered. In fresh days, Deputy Minister of Justice Arkadiusz Myrcha informed the Ombudsman that conceptual work on changes was underway in the ministry. According to MS, a improvement of the rules will be necessary, which would clearly specify the conditions for an extension of the arrest and destruct the severity of the punishment as an essential ground for its application.
The hotel is besides considering amending Article 259(3) of the NCP, which now indicates that arrests do not apply if the alleged offence is punishable by imprisonment not exceeding 1 year. As the MS points out, in the face of the progressive tightening of criminal law, this exception is increasingly narrow.
At home with the supervision
– These changes will not harm, but can help. But we think we request more than that. First of all, we would like to call for the addition of a catalogue of preventive measures to "household detention with electronic supervision". This would enable people to proceed working and to fulfil their social roles. As a result, this would mostly destruct the request for an interim arrest," comments Pilitowski.
Court Watch Poland besides calls for the name of this preventive measurement to be changed. – By its name, temporary arrest is associated with punishment and committing a crime. We are calling for a change to "preventive or protective isolation". This will strengthen the presumption of innocence in the mentality of Polish society and in the mentality of judges. It can besides lead to the fact that this measurement will not be treated as an advance payment for punishment or a replacement punishment before conviction," Pilitowski claims.
Mr Marcin Wolny, expert at the Helsinki Foundation for Human Rights, welcomes MS' proposals. – I justice them positively as a step in the right direction. Especially since 1 of the foundation's basic demands in this respect is to destruct the severe punishment as a self-resuscitation of the usage of the temporary arrest, says Mr. Free.
Peter the Bucket, Judge of the Warsaw territory Court
Temporary arrest is applied in Poland far besides often. This is closely related to the dimension of both preparatory and judicial proceedings. In addition, there are many requests for this measurement and there is simply a request to change the prosecution's practice in this area.
The thought of removing a self-resistance of punishment is in rule correct, but there are besides cases of acts specified as execution or violent rape. If there is simply a appropriate claim to commit them, the nature of the act itself should advocate detention. I besides see the solution in enabling more extended usage of freedom measures, in peculiar electronic surveillance. Requests for detention could be recognised by territory courts in cases with their substantive jurisdiction. Complaints should be settled in three-person compositions.
