Incidents of police ill-treatment were reported. Domestic violence was not effectively investigated or prosecuted and victims were inadequately protected from further violence and other forms of pressure by the perpetrators.
Police ill-treatment
In March the Council of Europe’s Commissioner for Human Rights published the report on his November 2002 visit to Poland. Noting the genuine willingness of the authorities to combat many of the problems raised in his report, the Commissioner expressed concern that cases of ill-treatment and deaths in police custody had been reported. He stated that it appeared that prostitutes, Roma and victims of trafficking were the most frequent victims. It appeared that many incidents of police violence went unreported as victims were said to fear that they would themselves be prosecuted. The Commissioner was also concerned that incidents of police violence were not always impartially investigated and rarely reached the courts. He called on the authorities to intensify efforts to eradicate cases of police brutality through training, effective investigation and prosecution of such cases.
Domestic violence
Although there were no comprehensive statistics concerning domestic violence, the problem was believed to be serious, widespread and affecting women from all backgrounds. According to Centrum Praw Kobiet (Women’s Rights Centre), a non-governmental organization that offers women a wide range of assistance programs, one in eight women polled in 2002 stated that they had been beaten by their partner. A poll in 1996 showed that the incidence was much higher among divorced women – 41 per cent had allegedly been beaten by their husbands. The enforcement of the Penal Code provisions regarding domestic violence and effective support for the victims was inadequate.
In August the government adopted the National Plan of Action for the Advancement of Women 2003-2005 and pledged to introduce legislation ensuring effective protection of women and children who are subjected to violence.
Domestic violence, defined as a criminal offence in Polish law only if it occurs repeatedly, is prosecuted even without the permission of the victim. However, the complaints are frequently not treated as sufficiently serious or credible. In the vast majority of cases the police do not effectively collect the evidence and the women are required to obtain and pay for forensic medical certificates for injuries that they may have suffered. A single act of violence is privately prosecuted, which for most women is difficult and expensive. Statistical data on police investigations and prosecutions is not well collected. Even if brought to justice, perpetrators are usually lightly sentenced.
There were insufficient places where women could seek refuge or assistance. In a number of shelters managed by men, there were reports of sexual harassment and assault of the women by the staff.
Racism and discrimination
In March the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about reports of racially motivated harassment and discrimination against Jews, Roma and people of African and Asian origin that had not been properly investigated by law enforcement agencies. The Committee urged Poland to intensify its efforts to combat and punish all such cases, especially through the strict application of relevant legislation and regulations providing for sanctions. It further recommended that law enforcement bodies be given adequate training and instructions on how to address complaints of racially motivated crimes, and that similar training be provided to the judiciary.
Similar concerns were raised by the Council of Europe’s Commissioner for Human Rights. Both the Commissioner and the CERD expressed concern about discrimination against Roma in other areas, especially education and employment. The Commissioner considered that the practice of so-called “Roma classes” tended to further isolate Romani children and that education in these classes was reportedly often of lower quality. Both recommended that Romani children should be integrated into mainstream schools as far as possible, and that the authorities should urgently address the problems of the Roma population throughout the country. They urged that sufficient resources be allocated to achieve full participation of Roma and equal levels of development in areas such as education, employment, health, hygiene and accommodation. Link
Police ill-treatment
In March the Council of Europe’s Commissioner for Human Rights published the report on his November 2002 visit to Poland. Noting the genuine willingness of the authorities to combat many of the problems raised in his report, the Commissioner expressed concern that cases of ill-treatment and deaths in police custody had been reported. He stated that it appeared that prostitutes, Roma and victims of trafficking were the most frequent victims. It appeared that many incidents of police violence went unreported as victims were said to fear that they would themselves be prosecuted. The Commissioner was also concerned that incidents of police violence were not always impartially investigated and rarely reached the courts. He called on the authorities to intensify efforts to eradicate cases of police brutality through training, effective investigation and prosecution of such cases.
Domestic violence
Although there were no comprehensive statistics concerning domestic violence, the problem was believed to be serious, widespread and affecting women from all backgrounds. According to Centrum Praw Kobiet (Women’s Rights Centre), a non-governmental organization that offers women a wide range of assistance programs, one in eight women polled in 2002 stated that they had been beaten by their partner. A poll in 1996 showed that the incidence was much higher among divorced women – 41 per cent had allegedly been beaten by their husbands. The enforcement of the Penal Code provisions regarding domestic violence and effective support for the victims was inadequate.
In August the government adopted the National Plan of Action for the Advancement of Women 2003-2005 and pledged to introduce legislation ensuring effective protection of women and children who are subjected to violence.
Domestic violence, defined as a criminal offence in Polish law only if it occurs repeatedly, is prosecuted even without the permission of the victim. However, the complaints are frequently not treated as sufficiently serious or credible. In the vast majority of cases the police do not effectively collect the evidence and the women are required to obtain and pay for forensic medical certificates for injuries that they may have suffered. A single act of violence is privately prosecuted, which for most women is difficult and expensive. Statistical data on police investigations and prosecutions is not well collected. Even if brought to justice, perpetrators are usually lightly sentenced.
There were insufficient places where women could seek refuge or assistance. In a number of shelters managed by men, there were reports of sexual harassment and assault of the women by the staff.
Racism and discrimination
In March the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about reports of racially motivated harassment and discrimination against Jews, Roma and people of African and Asian origin that had not been properly investigated by law enforcement agencies. The Committee urged Poland to intensify its efforts to combat and punish all such cases, especially through the strict application of relevant legislation and regulations providing for sanctions. It further recommended that law enforcement bodies be given adequate training and instructions on how to address complaints of racially motivated crimes, and that similar training be provided to the judiciary.
Similar concerns were raised by the Council of Europe’s Commissioner for Human Rights. Both the Commissioner and the CERD expressed concern about discrimination against Roma in other areas, especially education and employment. The Commissioner considered that the practice of so-called “Roma classes” tended to further isolate Romani children and that education in these classes was reportedly often of lower quality. Both recommended that Romani children should be integrated into mainstream schools as far as possible, and that the authorities should urgently address the problems of the Roma population throughout the country. They urged that sufficient resources be allocated to achieve full participation of Roma and equal levels of development in areas such as education, employment, health, hygiene and accommodation. Link
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