Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
8) lodge cassation or extraordinary appeal against each final and valid sentence, under rules and procedures set forth elsewhere.
Article 15.
1) In the motion mentioned in art. 14 point 2, the Defender shall present
opinions and conclusions as to how the case could be settled, and may also demand that disciplinary proceedings be instituted or official sanctions imposed.
2) The agency, organization or institution to which such motion has been
addressed must, without unreasonable delay and no later than within 30 days,
inform the Defender of whatever action or view has been taken. Should the Defender disagree with such a view, he can approach the relevant superior entity for
necessary actions.
Article 16.
1. In connection with the cases examined, the Defender can present to the
relevant agencies, organizations and institutions opinions and conclusions aimed
at ensuring efficient protection of the liberties and rights of a human and a citizen
and faciliting the procedures such cases may involve.
2. The Defender may also:
1) approach the relevant agencies with proposals for legislative initiative,
or for issuing or amending other legal acts concerning the liberties and rights of
a human and a citizen,
2) approach the Constitutional Tribunal with motions mentioned in Art.
188 of the Constitution,
3) report participation in the proceedings before the Constitutional Tribunal in the cases of constitutional complaints and take part in those proceedings,
4) request the Supreme Court to issue a resolution aimed at explaining legal
provisions that raise doubts in practice, or application of has resulted in conflicting judicial decisions.
Article 17.
1. When approached by the Defender, an agency, organization or institution
is obliged to co-operate and provide to the Defender due assistance, and in particular:
1) provide with an access to files and documents under provisions set forth
in art. 13,
2) providing the Defender with required information and explanations,
3) give explanation concerning the factual and legal grounds for its decisions,
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