Poland – a country without... torture

- Torture was utilized by the Inquisition and then UB. Fr Olszewski simply sat in jail and there was nothing to complain about – a friend of my lawyer replied erstwhile I asked her how she felt about the “production methods” applied to prisoners in smiling Poland.

OI erstwhile remembered Joseph Schweik. This is how he comforted the inmates with him in custody in Austrian-Hungarian Prague in 1914.

Returning to the detention chamber, he told the present individual that specified interrogations were not bad fun.

— They're gonna scream a little, and eventually, they're gonna drive out. It utilized to be worse. I erstwhile read a book like this that the defendants had to walk on hot iron and drink molten lead to show who was innocent. They either put specified legs in Spanish shoes and stretched it on a ladder if he refused to admit it, or burned it with fire-fighting torches, as they did to Saint John of Nepomuk. Apparently, he roared at it as if he had been torn from his skin, and he did not silence until they threw him off Eliška's bridge to Vltava, and in a waterproof bag. There were more specified accidents, and they cut or put him on a stake close the Museum. And if they only put 1 of these in the tower to starve, he felt like a fresh born.

Today, it is 1 large thrill to get to the crime scene — he praised the fresh times of Schweik — there is no quartering, no Spanish shoes.

Jaroslav Hašek The Adventures of a Good Warrior of Sheik during planet War, Volume I

crowd. Paweł Hulka-Laskowski

According to Szwejek, no uncertainty both priest Michał Olszewski and 2 ladies – Karolina Kucharska and Urszula Dubientko should not complain. Finally, no 1 told them to step on hot iron or burn sides.

Formally, he would be right, due to the fact that Polish criminal law states that a public officer can only be a torturer... during the armed conflict!

The word “tortures” utilized in the Criminal Code is only in Article 118a(2)(3) of the Code, which penalises the usage of tortures against a group of people and undertaken to implement or support a state or organisation's policy, and in Article 123(2) of the Code relating to persons who, by laying down arms or not having the means of defence, have surrendered, injured, sick, survivors, medical personnel or clergymen, prisoners of war, civilians of the occupied area, occupied or in which armed actions are carried out, or another persons who have benefited during armed action from global protection.

Interestingly, this problem has been noticed... Adam Bodnar, while serving as the Ombudsman.

The penal code in force (replaced during the reign of post-communists together with PSL – the Prime Minister at the time was Vladimir Cimoszewicz) contains a crucial gap in comparison with the regulations in force in Europe. However, the Ministry of Justice of the time responding to Bodnar (then the RPO) pointed out that the implementation of the law guaranteed by Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (No 1 can be subjected to torture or inhuman or degrading treatment or punishment) is implemented through another criminal provisions. It is worth remembering that this provision is reproved by the Constitution of the Republic of Poland in Article 40, so the explanation besides concerns the current Constitution.

The application of the above provisions, which have the value of the law applicable to the Polish Criminal Code, are to supply for Article 217(1) of the Code of Criminal Procedure (infringement of physical inviolability), Article 190(1) of the Code of Criminal Procedure (so-called criminal threat), Article 191(1) of the Code of Criminal Procedure (forcement of another individual with force or a threat of unlawful conduct), Article 231(1) of the Code of Criminal Procedure (abuse of powers by a public officer), or Articles 156 and 157 of the Convention (cause of injury to health) and Article 207(1) of the Code of Criminal Procedure (abuse of powers).

But...

According to lawyers, and regardless of the planet view, the above articles do not exhaust the ban on torture. Yes, any of these provisions are clearly marked.

It is so considered that the remainder of the criteria are exhausted by Articles 245 to 247 KK.

But again, we are faced with leaving certain acts beyond criminal regulation. Article 245 is out of the question, since it penalises actions against a circumstantial group of entities - participants in legal proceedings, while Article 1 of the Convention does not contain specified a regulation and uses the expression "any person".

Article 246 relates, in turn, to a situation in which a public officer or 1 acting under his command to get circumstantial testimony, explanations, information or statements applies violence, unlawful danger or otherwise physically or mentally abuse another person.

But what if the acts mentioned in it do not service a intent but are simply revenge for the victim’s past activity? Or erstwhile they're expected to intimidate others, not yet incarcerated?

In this case, unfortunately, we are talking about the deficiency of marks.

Finally, Article 247. According to him, who abuses a individual physically or mentally deprived of liberty is subject to imprisonment from 3 months to 5 years. Apart from the aspect of the penalty, which is peculiarly mild (the anticipation of its suspension in the full range) it must be weighed that torture does not necessarily gotta apply to those deprived of liberty. And this is not about any "private prison", but, for example, minors in correctional facilities.

Attention should besides be paid to the nomenclature used. Well, there's no mention of torture. Instead, we have “harassment”, which is actually a narrower concept.

Meanwhile, legal global bodies agree on 1 thing: torture is simply a crime against humanity and as specified should be threatened by prison sentences of no little than 6 years.

And like another crimes of this kind, they cannot be subject to statute of limitations.

Meanwhile, Poland simply has no torture, due to the fact that through Providence we have been surviving in peace for almost 8 decades.

Great philosopher of law Gustav Radbruch (1878-1949) wrote that The request of statutory definition of a prohibited act is 1 of the components of the thought of law, alongside justice and purpose.

Twhile in Poland, as I have shown above, torture outside the war does not exist. True, in the Commentary to the Constitution under ed. prof. Safjana and Bosaka (2016) we can read:

The torture problem was comprehensively regulated in this Convention of 10.12.1984 (Journal of Laws of 1989 No 63, item 378). Within its meaning, the word "torture" means any action which is intentionally attributable to any individual to acute pain or suffering, physical or mental, 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 which he or she is suspected, and in order to intimidate or impose force on him or on a 3rd person, or for any another intent resulting from any form of discrimination, where specified pain or suffering is caused by a State authoritative or another individual acting in an authoritative capacity, or by express or tacit consent.

But...

What if in Polish criminal law it is vain to search punishment for torture committed during a period of peace? That the Constitution forbids them is only a flower for a goat.

Is this what Bodnar is based on, this time as a bankruptcy syndicate for the Ministry of Justice?

Today's opposition should bring as shortly as possible a draft amendment to the Criminal Code.

After the article on the penalisation of trafficking in human beings, another (189b):

§ 1. Anyone who is subject to torture shall be sentenced to imprisonment for a period not little than 6 years.

§ 2. Anyone who makes preparations for the offence referred to in § 1 shall be sentenced to imprisonment from 3 months to 5 years.

§ 3. Anyone who commits torture with peculiar cruelty shall be sentenced to imprisonment for a period not little than 10 years.

§ 4. If the consequence of the act referred to in § 1 and 3 is to harm the victim for his own life, the offender shall be sentenced to imprisonment from 6 to 12.

§ 5. If the consequence of the act referred to in paragraphs 1 and 3 is the death of the victim, the offender has been sentenced to imprisonment since the age of 6, to 25 years imprisonment or to life imprisonment.

And most importantly. In order to prevent the current government from allowing liability to be avoided, Article 105 of the Criminal Code should be amended accordingly:

Articles 101 to 103 shall not apply to crimes against peace, humanity, war crimes and torture.

§ 2. Articles 101 to 103 shall besides not apply to intentional crime: homicide, serious bodily injury, serious injury or imprisonment combined with peculiar anguish committed by a public officer in connection with the performance of his duties.

PThe worm for the bodnarists is obvious. For erstwhile the present bankruptcy syndicate Min. Do. Bodnar was inactive a “brown” RPO frequently intervened against the “beasts” committed by the cruel Kaczystov regime.

It is peculiarly hard to put cuffs on 2 imprisoned women, together with Fr Olszewski, even while taking a walker inside the detention center with a letter that Bodnarenko sent to then Minister of Interior and Administration, Mariusz Kamiński, on 22 January 2020.

Both the Mandela Rules and the European Prison Rules clearly indicate that chains, shackles or another means of coercion are prohibited, which are inherently degrading or painful. another coercive measures will only be applied if permitted by law and in circumstantial circumstances, inter alia as protection against escape during transport, provided that they are removed at a time erstwhile the prisoner (in this case detained) faces judicial or administrative authorities.

CPT besides points out that there is no justification for utilizing handcuffs erstwhile the fishy is being interrogated. Handcuffs should not be utilized to facilitate officers. This kind of behaviour of police officers can be interpreted as an example of the manifestation of state force towards an individual which should not be achieved in a democratic state of law.

The arguments given on the individual assessment of the usage of cuffs against detainees of KMPT are raised in its interview reports. In consequence Police officers inform that if regulations let the usage of specified measures, they do not see the request to change their practice. - I'm sorry. In my opinion, they agree on the deficiency of an individual approach to the detainee," says Adam Bodnar.

The attitude of the officers in these cases is all the more incomprehensible that under the Police Actand they have an work to respect human dignity and to respect and defend human rights. The order of the Chief Police on the principles of professional ethics of the police officer indicates that in all its activities it has the work to respect human dignity and to respect and defend human rights. This is expressed in peculiar by respecting everyone's right to life and by prohibiting the initiation, application and tolerance of torture or inhuman or degrading treatment or punishment.

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How should we treat the command to strip bare with an immunity MP and then forge him like a dangerous thug in the context of Bodnarenka's speech of June 19, 2019? How do you realize why lawyer General Bodnar agrees not to have access to the defender???

The National Tortur Prevention mechanics (KMPT) expresses its deep concern about the way the police apprehend and treat a man suspected of killing a 10-year-old girl from Mrowiny (Lower Silesian Province).

...

According to a recording and press reports published by the Lower Silesian Police, on June 16, 2019, in the afternoon, police implementation group officers detained a 22-year-old man suspected of murder.

At the time of the arrest, the man resisted no resistance.

Nevertheless, it was placed on the stomach, on the floor, and then he was handcuffed on the back of his arms and legs. He was brought out of the building barefoot, in his underwear and shirt alone, with his hands and legs hand and foot. Officers utilized an incapacitating grip, causing the detainee to walk heavy bent down. All the time the detainee was being led by masked police officers.

The detainee was questioned by the police. During the interrogation, he sat on a chair and was chained with handcuffs held at the back and legs. He was barefoot, wearing nothing but underwear and a shirt. The photograph from this interview was posted on 1 of the social networking sites. The man had no veiled face on it. The photograph was signed 'Let everyone see it...'. Comments to the photograph supply full data of the detainee and link to his social networking account. The photograph has been made available respective times by users. There were besides entries in which the man was wished to die and called to the lynching. The police have initiated an investigation into this matter.

After a fewer hours of detention, the man was brought to the territory Attorney's Office in Świdnica, where charges were presented to him and was interrogated as a suspect. The proceeding lasted 5 hours and was held late at night (20:00-1:00). The man confessed to his alleged act.

18 June 2019 The territory Court of Świdnica applied a preventive measurement to a man in the form of temporary detention for a period of 3 months.

No legal aid was given to the detainee.

During the full period of being at the disposal of the bodies of collection, interrogation and another procedural activities and the sitting of the court on a temporary arrest, the fishy had no defender, either by choice or ex officio.

...

In the assessment of the National Tortur Prevention Mechanism, the treatment detained by law enforcement authorities constitutes a degrading treatment which is strictly prohibited by both the Constitution (Article 40) and global agreements (Article 16 of the UN Convention on the Prohibition of Torture and another Cruel, Inhuman or Degrading Treatment or Punishment, Article 3 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 7 of the global Covenant on civilian and Political Rights).

The manner in which the detainee was detained and brought to trial was disproportionate to the situation and is not justified from the point of view of the intent of the action itself. The very usage of the implementation group in relation to a 22-year-old man - a individual who did not operate within an organized union or a criminal group or an armed union - raises doubts. The measures taken by the police appear disproportionate in this case and are of a show character, an example of the manifestation of state power towards an individual which should not be achieved in a democratic state of law.

Nor does the justification apply after the stopping of the chains and the overpowering grip. The application of specified measures constitutes an additional, unjustified ailment. The detainee did not resist, he was not aggressive, and the introductions were carried out as well as a many group of officers, able to respond appropriately in case of aggression or effort to escape.

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CIs it so that, delicate to the “wreck” of the murderer-pedophila Bodnar abruptly shows the suia a psychopathic sadist?

After all, they did not even hide from 1 of the officials that they would deliberately act violently to humiliate and intimidate her!

What did Bodnar do to these uncontested facts?

Nothing.

Apparently, he thinks it's so advanced that he just can't give a crap about society. But it's just a superficial impression. Bodnar believes, according to the inactive valid lefts, the maxim of the first European red criminal, Saint Justa, There is no freedom for the enemies of freedom!

And the right is opposed to the "rights of man," as the left (for camouflage called liberals) understands, due to the fact that it stubbornly calls abortion murder, although according to Bodnar and his akin killing of unborn people is simply a fundamental human right.

It is so clear – There are no human rights for human rights enemies!

And that is why Europe, which is owned by Euroleft, is silent.

So-called. a democracy fighting (to keep a trough) causes that, in view of the evident violations of human rights and fundamental freedoms on which the Union is allegedly based, if they concern political opponents, EU decision-makers stay blind and deaf as this trunk, as Joseph Schwejk said.

Power is important, not democracy.

3.11 2024