Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
4. The Sejm takes the resolution on discharging the Defender in cases mentioned in section 1 point 2 and section 2 on the motion of the Speaker or a group
of at least 35 deputies, and by the majority of at least 3/5 of votes with at least the
half of the regular number of deputies present.
Article 8.
The Defender shall take measures under the present Act having acquired information indicating that liberties and rights of a human and a citizen have been
violated.
Article 9.
Measures shall be taken by the Defender:
1) on a request of citizens or their organizations,
2) on a request of self-government organs,
3) on the Defender’s own initiative.
Article 10.
An application addressed to the Defender shall be exempt from charges, and
no special form shall be required; however, the identity must be indicated of the
applicant and the person whose liberty and right is involved in the case, and the
subject of the case must be defined.
Article 11.
Having become acquainted with each application received, The Defender may:
1) take up the case,
2) instruct the applicant as to whatever action the person is entitled to take,
3) convey the case according to competence,
4) abandon the case, against notification thereof the applicant and the person
involved.
Article12.
Having taken up a case, the Defender may:
1) carry out his own explanatory proceedings,
2) request that the case or a part thereof be explained by relevant agencies, especially agencies involved in the supervision, prosecution and State, professional
or public control,
3) request the Sejm to commission the Supreme Chamber of Control with
investigating the specific case or a part thereof.
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