In June 2023, an incidental occurred in Tri-City which gained widespread public and media interest. It active the arrest by police officers of a blind man suffering from cerebral palsy, who was accused of violating the physical integrity of a female on a bus. The case sparked controversy, both due to the allegations made and how the arrest and interrogation of the man without the presence of a lawyer.
Event description
The incidental took place on 1 of the public transport buses in Gdynia. A 30-year-old man, who was a blind individual with a judgement of considerable disability, took the bus. As he relates himself, he asked his fellow passengers to tell him if he was at the right stop. erstwhile he did not get an answer, he touched the individual sitting next to him to get his attention. The female he touched reported to the police claiming sexual harassment.
Detention and police proceedings
A fewer days after the incident, at 6:00 a.m., 3 police officers from Gdynia stopped a man on his way back from the bakery. According to Radio Gdańsk, the man was transported to the station without explaining the reasons for the detention and without presenting papers by the officers. After questioning the prosecutor charged him with violating physical integrity, and the case was subject to public prosecution.
Response of the Ombudsman
A blind man's lawyer referred the case to the Ombudsman's Office, arguing that his client's rights and civilian liberties had been violated. He pointed out that a civilian police worker was injured, which may rise doubts about the impartiality of the conduct.
– I have never, during my fourteen - year professional career, met the charge of violating bodily integrity with public prosecution. The charge is wrong. It seems to me that he's only set up due to the fact that during the proceeding it turned out that there's no more pressing charges. This allegation was that "something" should be placed and there is no groundless detention," said lawyer Piotr Bartecki, a man's attorney, in an interview with Radio Gdańsk.
Police position
The Gdynia Police Station initiated an interior investigation into the case. In an authoritative message presented by Radio Gdańsk, the press officer of KMP in Gdynia informed:
– On June 24, officers accepted a announcement that 3 days earlier, on 1 of the city buses, an unknown man was about to engage in another sexual activity on a passenger. Police officers in connection with the case secured monitoring, which they analysed in detail, and then began to establish and detain the perpetrator. Criminals detained the fishy on June 26 and led him to a police unit. After the documentation was compiled, police placed a man in a detention room, whom they had previously carried to a medical facility in accordance with procedures to conduct a medical examination and exclude any contraindications. On the same day, the prosecutor made the decision to release a man from the detention facility, while a call for another day was issued to the man to appear in the prosecutor's office. The documentation does not indicate that a man has reservations about his detention and imprisonment. He was interrogated by the prosecutor, and he presented him with a charge of violating physical immunity, and due to the nature of the case, the proceedings were subject to public prosecution. At this moment, there is no indication that police officers have exceeded their powers and acted against a man illegally, but the police have transferred material to the Department of Control of the Gdansk provincial command to verify and find the course of the full intervention.
Controversy and further steps
The case is controversial, mainly due to the way police intervention was carried out against the disabled individual and the prosecution. The Ombudsman's intervention and the interior investigation procedure in the Police are intended to find whether there has been fraud by officers and whether the proceedings have been conducted in accordance with applicable law.
Both the public and the law enforcement authorities are awaiting the result of the investigation and further steps that can be taken in this case. This event is besides an crucial precedent in the context of the rights of persons with disabilities and their treatment by law enforcement authorities.
Conclusion
The detention of a blind man with cerebral palsy in Gdynia is an example of a situation where law enforcement acts rise serious doubts about their legality and respect for human rights. Regardless of the result of the investigation, this situation shows the request to pay peculiar attention to the needs and rights of persons with disabilities in contact with public institutions. The Ombudsman and another institutions active in protecting civilian rights have a key function to play in monitoring and enforcing the rights of susceptible people in order to prevent akin situations in the future.
Read more:
The D.A. is pressing charges of molestation against a blind man who asked for a stop. Intervention of RPO
