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Girls’s Strike protests after the Constitutional Tribunal’s ruling on abortion. Adam Bodnar within the Senate on police actions

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If the meeting is peaceable, actions geared toward its dissolution also needs to be such, stated Adam Bodnar, spokesman for civil rights within the Senate. On this manner, he commented on the actions of the police through the ongoing protests after the Constitutional Court docket’s ruling on the abortion. The Commissioner for Human Rights additionally spoke of the police’s “uneven method” relying on what a given demonstration issues.

The Ombudsman spoke on Friday within the Senate. – I’m of the opinion that as a result of state of the epidemic it’s doable to restrict the train of the liberty to arrange peaceable assemblies, however this must be achieved in compliance with constitutional guidelines. This must be achieved on the idea of an act, limitations must be proportional to the purpose pursued and limitations might not infringe the essence of assemblies, he pressured

Then again, the relevant restrictions – he stated – “are in truth based mostly solely and solely within the provision of article 46 of the act on infectious ailments”. – In keeping with this provision, a regulation might prohibit the group of assemblies. This provision raises severe constitutional doubts, primarily as a result of it reveals how deeply the interference with freedom of meeting can go. This provision gives the de facto foundation for regulating the scope of freedom of meeting by the provisions of the regulation – identified the spokesman.

“The state of authorized uncertainty is harmful as a result of it exposes residents to the whole state equipment”

Bodnar assessed that “the laws so constructed trigger a state of hysteria on the a part of residents who want to specific their civic voice and objection by taking part in assemblies, and danger breaking the regulation”. – Secondly, they supply a foundation for the police to use the regulation arbitrarily relying on the scenario. The police can react both decisively or flip a blind eye to conferences throughout a pandemic, he added.

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In keeping with the spokesman, “the state of authorized uncertainty is harmful, as a result of it exposes residents to the operation of the whole state equipment, and on the similar time deprives them of the potential for utilizing constitutional rights, that are the salt of democracy, which residents get pleasure from with out main restrictions since 1989”.

– At present stage, we now have little or no confidence within the rationality of those authorized restrictions, there’s even regulatory and data chaos – he added.

Adam Bodnar within the SenatePAP / Marcin Obara

Bodnar: If the congregation is peaceable, the steps in direction of dissolving it also needs to be

This downside – as Bodnar stated – “interprets into the way in which the police act”. – Even when we think about that some assemblies are held in a fashion inconsistent with the laws, human rights norms point out how the authorities ought to behave. There’s one rule. If the meeting is peaceable, and maybe it doesn’t meet the regulatory necessities, then all actions geared toward fixing it also needs to be peaceable, targeted on dialogue, cooperation with the organizers, dialog, persuasion – defined the Ombudsman.

– For my part, that is the dimension of democracy, how we method such conditions. Whether or not within the spirit of freedom of meeting and its respect, or quite the opposite, he added.

The actions of the police, he pressured, “must be geared toward guaranteeing the secure conduct of spontaneous assemblies, somewhat than suppressing them”, and “current expertise reveals that it might be completely different”.

Bodnar on “intensifying police actions”

Bodnar additionally talked about “a visual intensification of police actions over a interval of a number of months.” It resembled the occasions that happened from Might to November this yr. These have been: the Might demonstrations associated to the presidential elections, which have been finally not held; solidarity demonstrations following the arrest of Margot; a sequence of demonstrations following the choice of the Constitutional Tribunal on October 22 and the march of nationalists on November 11.

– To begin with, what I believe is seen is the intensification of police actions over these months. It’s based mostly on the fixed identification of people that both take part or go to demonstrations. It is usually a daily referral of functions to the Division of Well being and Security and these are detentions – stated Bodnar.

This “intensification” – added the spokesman – “additionally consists in a non-uniform method relying on what a given demonstration is about.” “And eventually, police motion towards youngsters,” he stated.

As Bodnar stated, within the case of the Girls’s Strike protests “it may be seen that the connection between the police and residents has modified over the course of”. – At first it was clear that the police, in a way, understood what it was prefer to train the liberty to arrange peaceable assemblies at this tough time. The technique was modified on November 9, when info appeared within the press {that a} doc was adopted, the content material of which was diminished to the slogan “we act, we don’t negotiate”. Since then, it may be seen that the police are working in direction of resolving any demonstrations – stated the Ombudsman.

Bodnar: The usage of “boilers” by the police can have a chilling impact

Bodnar went on to say that one of many manifestations of “police intensification” is the creation of so-called cauldrons. – They’re acceptable in follow by the police, however solely to isolate aggressive or breaking the regulation. This can not result in a disproportionate restriction of the rights of different folks, he defined.

– There’s additionally a query whether or not it was actually about ending the demonstration, or somewhat about catching, detaining as many individuals as doable as a way to provoke proceedings towards them and obtain the so-called chilling impact. The mere reality of being enrolled signifies that residents might chorus from taking part in peaceable assemblies. The query is whether or not this isn’t a way that’s purported to stifle protests – stated Bodnar.

– The second motion by the police that we discover is what I’d name an oblique deprivation of liberty. The police detain folks and take them to distant police stations. The official purpose is the shortage of locations in Warsaw. Such a follow must be extremely researched, added the spokesman.

Such conditions, he stated, “elevate doubts for 2 causes.” – First, is there any violation of private freedom and freedom of motion? Second, it might limit entry to attorneys. Earlier than the lawyer realizes the place this individual is and reaches this place, it is going to be a while – he defined.

Bodnar additionally pointed to the “extreme use of direct coercion measures” by the police. The usage of tear fuel and truncheons was an exception till just lately, and now, in keeping with a spokesman, “is mainly the order of the day.”

Fundamental picture supply: PAP / Marcin Obara



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