2. Views expressed by member and observer States
of the Council on the review outcome
533. No views were expressed by States members and observers of the Council.
3. General comments made by other relevant stakeholders
534. The Federation for Women and Family Planning (also on behalf of Action Canada for Population and Development, the Latin American Committee for the Defence of Women’s Rights and the International Women’s Rights Action Watch Asia-Pacific) indicated that, with reference to the National Programme against Domestic Violence (paras. 29 and 34 of the Working Group report), the legal framework for the protection of domestic violence victims is not effective. It noted that the possibility to isolate victims from perpetrators of violence is rarely used and only after the criminal proceedings are finished. It also noted that there is no effective infrastructure of shelters and centres assisting both the victim and the perpetrators. It further noted that too many people continue to believe that domestic violence is a private matter. In reference to the new provisions permitting to file an appeal when a doctor refuses to conduct an abortion (para. 51 of the Working Group report). It noted that access to abortion in Poland is restricted to three situations described in law and that Polish law does not foresee effective measures to review refusals of abortions. It noted that both legislative reforms and increased social awareness were necessary to tackle these problems.
535. The International Commission of Jurists drew attention to recommendation No. 20 and paragraph 30 of the report, as well as to the fact that the dialogue has not enabled full consideration of the issues of secret detentions or of renditions of terrorism suspects. It indicated that there is strong evidence that at least one CIA-run secret detention centre has existed in Poland, involving systematic gross violations of human rights. This imposes an international human rights law obligation on Poland to provide for a thorough, transparent, independent and impartial investigation. So far, the only national-level investigation has taken place in secret, with no published report, which fails to satisfy Poland’s duty to investigate alleged human rights violations. The International Commission of Jurists suggested that Poland establish a transparent and independent inquiry to investigate allegations of the involvement of Polish officials in secret detentions and renditions and make the outcomes of such investigations public.
536. Amnesty International welcomed the focus in the Working Group report on identity-based violence and discrimination. It shared the deep concern expressed by States during the review at the climate of fear that increasingly threatens the basic human rights of lesbian, gay, bisexual and transgender people in Poland. It expressed the wish that Poland act upon the recommendations in the outcome report and take effective measures to combat discrimination; that it refrain from making public statements which could be interpreted as encouraging discrimination; that it ensure thorough and impartial investigations; and that those responsible be brought to justice.
Concerning the issue of the alleged involvement of the Polish authorities in the programme of secret detentions and renditions led by the United States of America raised during the interactive dialogue, Amnesty International regretted that no specific recommendations were included in the outcome report.
537. The Helsinki Foundation for Human Rights expressed satisfaction at the fact that the Polish Government has accepted most of the recommendations made during the review, especially those concerning the use of pretrial detention, the overcrowding of prisons and the prevention of discrimination. It noted that despite denials by the Polish Government, senior Polish security officials have confirmed to the Council of Europe that Polish territory was secretly used to hold some of the United States’ most important detainees after 11 September. Although the Polish Government has promised to release the findings of Senator Marty’s report, these materials have never been made public, except at a press conference in which the Government denied the existence of any information regarding the use of detention facilities. In Marty’s opinion, this exercise was insufficient in terms of the positive obligation to conduct a credible investigation of the allegations of serious human rights violations. In the light of this, the Helsinki Foundation expressed its hope that Poland will engage in a dialogue on this issue.
538. The International Lesbian and Gay Association expressed great satisfaction that Poland has accepted most of the recommendations and that those concerning lesbian, gay, bisexual and transgender people were addressed. As regards recommendation No. 6 on the adoption of an anti-discrimination law, it stressed that the proposition of Poland includes sexual orientation and gender identity only in employment and recalled that human rights standards in Europe on this matter include sexual orientation and gender identity in all contexts. It welcomed recommendation No. 27 encouraging Poland to enact a comprehensive body of anti discrimination legislation and to set up a body to combat discrimination. It also expressed the hope that the new Plenipotentiary of Equal Status will be equipped with the sufficient resources to effectively perform its duties. In reference to recommendation No. 17 on the right to freedom of expression and association, it hoped that the decision of the European Court of Human Rights in this regard would be fulfilled and that the freedom of assembly be guaranteed to all. It also indicated that it would be suitable to include sexual orientation and gender identity as one of the grounds in the anti-hate speech criminal code provisions. Finally, in reference to recommendation No. 23 encouraging Poland to intensify its efforts to promote and protect dignity and equality, it noted the position of Poland that the issue of the Council of Europe’s handbook COMPAS on promoting human rights had been resolved.
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