
...has done, and that is simply a lot, the current Ombudsman Dr Marcin Wiązek.
Cabout the fact the opinion he placed on his website is polite to exaggeration, but let us look at the facts established by the RPO and their summary.
According to the current RPO:
Activities carried out in the course of the investigation of the case did not give emergence to the designation that Fr Michał O. was subjected to torture within the meaning of the Constitution of Poland and under global law. Instead, they showed that there was inhumane treatment and another violations of rights and freedoms:
- The findings confirmed the merits of the plea of long-term conduct by ABW officers of procedural activities involving Fr. Michał O. – continuously for 15 hours, without giving him the chance to rest, without providing food, with the continued usage of handcuffs, even while in safe rooms, providing protection and under the supervision of the officers of the interior safety Agency; the severity of the oppressive conditions entitles him to state that Whereas in this respect there has been inhumane treatment of the temporarily arrested;
- The allegation of excessive preventive usage of direct coercive measures in the Warsaw-Służewiec detention centre was considered justified by the introduction of additional restrictions on the usage of handcuffs at each exit of the housing cell and another premises (e.g. dayrooms) – where no handcuffs were utilized for the time of delivery, to the dayroom and to the bathhouse in relation to all temporarily arrested; there were no grounds for specified warnings, as no circumstances indicated that Fr Michael O.'s attitude or behaviour posed a greater threat to the safety of the unit and the Prison Service officers than others temporarily arrested;
- the findings confirmed the validity of the allegation of excessive and unjustified means of direct coercion by police officers during the convoy of Fr Michał O. on procedural activitieswhen, in addition to handcuffs, leg cuffs were used; the application of this measurement was incompatible with the principles of necessity, minimisation of ailments and proportionality to the degree of danger;
- a violation of the right to usage sanitary facilities in a residential cell without regulation was found by placing Fr. Michał O. in a residential cell, where the sanitary corner was not shielded in specified a way as to make it impossible to see the entrenched during activities requiring intimacy by persons entering the cell;
- was failure to comply with the medical inspection advice erstwhile a month, formulated in connection with the provision of peculiar protection;
- a breach has been found in the form of deficiencies in the conduct of the file (with respect to the deficiency of adequate justification for the decisions taken, the inclusion in those decisions of unclear, vague wording, recalling an outdated legal basis);
- a breach in the form of a non-equipment of the transitional cell in which he was temporarily arrested was found with an electrical kettle;
- a breach in the form of a long wait temporarily arrested for the granting of dietary nutrition was found.
DHorns of the Reader, don't let yourself get caught in a bambuko!
RPO for his known reasons (according to the author of the PO is simply flashing out of fear that compromise 13 December He will cut off the money allocated to his activity) bypasses the most important. The European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 3 states clearly:
No 1 shall be subjected to torture or to inhuman or degrading treatment or punishment.
So if Dr. Wiącek claims that there has been no torture, his full message clearly confirms that there has been a gross violation of Article 3 of the abovementioned Convention in relation to Father Michał Olszewski.
But Dr. Wiątek is silent about it. Instead of a strong message that, according to the RPO, the rights protected by Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms have been infringed, we read that there has been inhumane treatment of the temporarily arrested!
This message has already given a feed for the gametych trolling plant, which floods the social media with information that torture is applied only by the Church (Inquisition), while Fr Olszewski was treated in accordance with the law in force in Poland!
OWięck's call to supposedly European knowing of the concept of torture is another lie. According to Article 1 Convention on the prohibition of torture and another cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 10 December 1984. torture is any action by which a individual who is tortured intentionally suffers severe pain or physical or intellectual suffering in order to get information from him or from a 3rd organization or from a religion in order to punish him or her for an act committed by him or a 3rd organization or for an act for which he or she is suspected, and to intimidate or exert force on him or a 3rd organization or for any another intent resulting from discrimination in any form where specified pain or suffering is caused by a State authoritative or another individual acting in an authoritative capacity or by their direct or express or tacit consent.
Apart from the dispute, it should be noted that only the violation of the right to the unrestrained usage of sanitary facilities in a housing cell, established by Więck, by placing Fr Michael O. in a housing cell, where the sanitary corner was not shielded in specified a way as to make it impossible for people entering the cell to see the settled during activities requiring intimacy.
"Infringement in the form of a long wait temporarily arrested for the granting of dietary nutrition" means knowingly take action against the wellness of the temporarily arrested!
TThus, according to the RPO report, the accumulation of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms is exceptional even for the Polish People's Republic of Poland, to its full extent, including torture, as defined in accordance with Article 1 of the Convention on the Prohibition of Torture and another Cruel, Inhuman or Degrading Treatment or Punishment!
Let us not forget, however, that Fr Olszewski was not the only individual who was treated likewise by the apparatus under the direct management of Adam Bodnar's “returning regulation of law”.
This is in the case of the correct treatment of Karolina K. and Ursula D. RPO ruled out that there were infringements of Article 3 of the European Convention:
I. Activities carried out in the course of the investigation of the case of Mrs Karolina K. do not let to conclude that it has been subjected to torture or inhumane treatment within the meaning of the Constitution of Poland and under global law. At the same time, these actions have shown that there have been many infringements:
- in connection with the conduct by ABW officers of trial activities involving Karolina K. for 18 hours, without providing it with a full-value meal at the time, mistreatment of detainee; Whereas the findings made indicate that the rule of humanitarianism, expressed in Article 41(4) of the Constitution of the Republic of Poland and Article 4(1) of the Implementing Code, has been maintained; whereas affirmative measures have been taken to meet the minimum needs of the detainee, e.g. for the means at its disposal, to buy a warm drink and to let the acquisition of food products; whereas, more importantly, the direct coercion measures (the handcuffs) have been applied rationally, in accordance with the rules laid down in the legislation, and have been waived from their usage in the absence of danger;
- Whereas the findings confirmed the appropriateness of the allegation of excessive and unjustified means of direct coercion by police officers during the convoy from the Criminal Arrest to the National Prosecutor's Office of Karolina K. on procedural proceedings, when, in addition to handcuffs, leg handcuffs were used; whereas the application of this measurement was found to be incompatible with the principles of necessity, minimisation of ailments and proportionality to the degree of danger;
- there has been a breach of the right of contact with the defender in connection with the retention for a period of 3 weeks by an authority holding correspondence from a defender to a temporarily arrested person;
- the findings confirmed that Whereas the preventive check at the PdOZ has twice been carried out in respect of a man detained by an officer, contrary to the provisions in force, which order the same sex to be performed by a individual subject to examination;
- The allegation of unlawful entry of Karolina K. in an isolation cell was considered reasonable, since the arrest manager had not issued the applicable decision on this matter.The Prison Service had no legal basis for specified a temporary arrest;
- a breach of the right to appropriate surviving conditions in the housing cell has been found to be in so far as the inmate: due to the deficiency of lighting in the sanitary area, it could not freely usage the sanitary facilities, due to the deficiency of electricity in the plug-in socket, it could not usage the electrical kettle, due to the failure of the radio node talker has been exposed to multiple hours of nuisance;
- a breach was found by not giving to the housing cell objects of spiritual worship sent in the package;
- a breach has been found in the form of a long wait for the request for the results of the medical examination;
- a breach has been found in the form of deficiencies in the conduct of the file (no adequate justification for the decisions taken, inclusion of unclear, vague wordings in those decisions).
Apparently, the RPO shakes his pants in front of the hawk rice, which can deprive his office of money at any time.
But Dr. Wiączek is simply a lawyer and he was called to his post to defend citizens from you, not, for his apology, crap his pants with fear of I swam! Or before you lose your money!
Keeping a prisoner in a cell with a talker on for hours is nothing but the usage of torture known from Guantanamo!
It should be recalled that the Court of Human Rights in Strasbourg has already found the infringement of Article 3 of the European Convention to be far more trivial.
On Bouyid v Belgium The home concluded that the isolated incident, during which a police officer struck a insignificant in the face, was not serious adequate to consider it against the background of Article 3 of the Convention. However, the Grand Chamber had a different opinion. She admitted that bad treatment covered by Article 3 usually involves bodily injuries or crucial physical and intellectual suffering. However, she stressed that, even in their absence, a humiliating or degrading treatment of an individual in a manner indicating a deficiency of respect or an attack on its human dignity or giving it a sense of fear, distress or inferiority, capable of breaking its moral and physical resilience, could be regarded as degrading and, as a result, in violation of Article 3 of the Convention. Just humiliate the victim in her own eyes, even if not in the eyes of others. All the more so, that any usage of physical force against a individual deprived of liberty or more mostly – coming into contact with officials of the enforcement authorities, which was not strictly essential due to his or her behaviour, constitutes an attack on human dignity and in rule violates the law protected by Article 3. The Grand Chamber stressed one more time that the concept of "degrading treatment" must be interpreted in the light of the importance of respect for human dignity. In her assessment, the slap by a police officer in the face of a individual completely under his control was a serious attack on her dignity.
(Mark Antoni Nowicki, Commentary to the Convention for the Protection of Human Rights and Fundamental Freedoms)
TIt besides wants to say loudly the apparent obvious, which comes after reading despite all the crushing for the current power of the RPO report.
Well, the “Bodnarists” inactive have no evidence to bring before the court and possible conviction not only of Maciej Romanowski, but, above all, Zbigniew Ziobry, due to the fact that they do not even hide the tragic pseudo-legal nativity scene. The "inhumane" conditions were thus intended to prompt those subject to them to submit appropriate from the point of view of the "smiling" dictatorship of testimony!
GIn fact, the 3rd Republic of Poland under the “rude crew” was to become a legal state which was allegedly destroyed by the governments of the United Right, Adam Bodnar he should resign immediately and to the Vice-Minist Maria Ejchart (until late besides utilizing the surname Dubois), allegedly overseeing the Criminal Institution, criminal proceedings should be initiated.
It is simply a actual paradox of “smiling power”. Here Bodnar is doing precisely what he fought as an RPO, with violations of the law occurring in much greater strength than always after 1989.
On the another hand, Maria Ejchart, who is to oversee the Criminal Institutions (and so the destiny of the temporarily arrested ones) allows (consciously or by deficiency of appropriate supervision) to ostentatiously violate Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, although she was not long ago considered a leading activist for Human Rights in Poland and their respect. * Oh, my God *
An old Polish proverb says The point of view depends on the seat point.
In contrast, past has taught us another lesson over the past 235 years. The Left, before it gets to government, can promise everything and everything. In the archives, for example, there are photographs of Polish workers who are demonstrating from the lift of the Polish Labour Office demanding the introduction of a 6-hour working day. And specified slogans were erected in the 1920s!!!
On the another hand, after gaining power, the left changes its face.
But knowing the actual communicative (euro) the left should not be surprised. For everything is based on the alleged French revolution known from the time of the slogan Saint — Justa (actually Antoine Louis Léon de Richebourg de Saint-Just ):
There is no freedom for the enemies of freedom!
Liberal (read Eurolevak) Bodnar and the same religion Ejchart only somewhat modified the above-mentioned principle:
There is no justice for the enemies of justice!
That shouldn't be surprising. For a long time, it has been known that any revolutions large or tiny attract little successful lawyers. And so Saint Just before becoming celebrated as 1 of the first red executioners in the past of the planet was... an assistant prosecutor as a lawyer by education. Robespierre was... an attorney, just like Lenin was a 100 years later!
But they all had 1 thing in common. erstwhile they came to power, they displayed behaviour diametrically different from those previously preached. Looking at the erstwhile RPO and present liable for the dismantling of Bodnar's justice system, inspiring or at least tolerant behavior, which he condemned even more than a year ago, it is clear that specified volts are an immanent feature of leftist people.
Fortunately for us, past repeats itself as a farce...
DCome on Christmas Eve. Catholic. This Orthodox will not be until 6 January 2025. So if Bodnar kept his grandfather’s religion on his father’s part, he is almost 2 weeks old.
But for decades, he has been showing his face to a Euroleftist.
Therefore, the ‘gift’ from the RPO must be regarded as being received from Grandpa Frost (Дeд Mopoз).
A nation with a “present” must wait. Doesn't mean he'll forget.
24.12 2024
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* Oh, my God *The Ministry of Justice website reads:
Maria Ejchart (born April 11, 1976). She's a lawyer. She specializes in human rights issues, and her peculiar interest is in the rights of persons deprived of liberty. In this regard, she is an expert, who is recognized both in Poland and abroad. Since 2003, the Helsinki Foundation for Human Rights has coordinated the Innocence programme, which monitors cases of judicial errors and supports wrongfully convicted persons.
She was a associate of the Social Council of the Ombudsman and co-chair of the Committee of Experts of the National Tortur Prevention Mechanism. She is simply a Polish associate of the European Innovation Network, an organisation that brings together European programs dealing with the problem of wrongful convictions.
She has prepared reports on the state of compliance with human rights in Poland for national and abroad institutions, including the United Nations Committee against Torture, the United Nations Human Rights Committee and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or punishment (CPT). As an expert she participated in the work of the parliamentary teams on Constitutional Governance and Justice improvement and the Sejm Justice Committee.
She is the author or co-author of many publications, including technological monograph “Life imprisonment. The killer, his crime and his punishment” (together with Maria Inłaczna and Andrzej Rzeplinski).
In 2015, she became president of the Prof. Zbigniew Hołda Association. She is besides co-founder of the citizens' initiative Free Courts and the Committee for the Defence of Justice of the KOS.
It's mine.