CAT/OP/POL/CNPMRO/1
Budget requested in thousand PLN
Budget allocated in thousand PLN
including
Year
including
financial
resources
other resources
for current
operations
financial
resources
resources for
current
operations
2011
36 477
914
35 563
35 675
914
34 761
2012
40 044
1 900
38 144
38 019
1 900
36 119
2013
42 818
2 118
40 700
39 024
1 809
37 215
2014
41 549
1 782
39 767
39 171
1 782
37 389
2015
41 989
719
41 270
37 603
719
36 884
2016*
45 566
4 067
41 499
35 619
1 517
34 102
2017
41 039
3 196
37 843
37 182
2 637
34 545
2018
42 639
4 775
37 864
39 433
4 775
34 658
2019
48 109
5 650
42 459
40 883
5 520
35 363
* The first budget allocated during the term of office of Adam Bodnar, Ph.D.
Comments on the recommendation(s) contained in paragraph 27
24.
Unfortunately, in the current political situation the vast majority of the
Commissioner’s activities are approached with criticism on the side of the ruling party that
sees political motives behind his activities. This does not provide a climate for building a
dialogue based on the full understanding of the role of the National Mechanism for the
Prevention of Torture. An example of the lack of will on the part of the government and the
Parliament representatives is the failure to take into account the Commissioner’s opinion
regarding the extensive amendment of the penal legislation which, by creating an
oppressive system of penal law, would increase the number of persons deprived of liberty
and seriously limit their rights (by reducing the age limit for liability for certain crimes to
15 years of age; tightening sanctions for crimes, introducing the penalty of unconditional
imprisonment for life).
25.
In the context of a constructive dialogue with the state authorities it is also worth
paying attention to one of the NMPT’s statements that was issued in connection with the
arrest of a man suspected of murdering a 10-year-old girl. The whole operation was filmed
by the police and the recording was posted on the internet. The NMPT’s statement
expressed doubts as to the proportionality of the direct coercion measures applied in
relation to the suspect by the group of 10 police officers (the use of leg and hand cuffs, with
the suspect’s hands cuffed on his back; walking him out of the building only in his
underwear and a T-shirt, without his shoes, interrogating him during the night hours, and
the fact that during the interrogation he was not fully dressed). The Mechanism also
expressed concern over the lack of information on ensuring a defending lawyer to the
suspect, which, in the context of the information about his planned psychiatric examination,
was a responsibility of the state. Moreover, in the case described, there was an evident
violation of the presumption of innocence, because the man’s photograph that “leaked”
during the time of his interrogation was published on the internet.
26.
Instead of holding a substantive discussion on the use of direct coercion measures by
the law enforcement services of the state, which was expected in connection with the
Mechanism’s statement, representatives of the state’s high-level officials (Deputy Minister
of Justice Marcin Warchoł, and Speaker of the Senate Stanisław Karczewski) demanded the
Commissioner’s resignation and emphasized that he represented the interests of only some
citizens. The wave of hatred that was expressed with regard to the Commissioner and the
office represented by him was definitely unprecedented. On the media, the CHR was
commonly referred to as the ombudsman of murderers and bandits. Also, a public television
channel broadcast a material that undermined the Commissioner’s personal rights as it was
related to his family situation. The comments of internet users, posted under the said media
reports concerning the Mechanism’s statement, showed that there was absolutely no
understanding for the reasons behind defending the arrested man, of the fact that his
7