extensive coverage to human rights issues, was considered highly important in
that regard. Another important change had been the establishment of new laws,
based on pluralism, for the activities of political parties, trade unions and
other associations. In particular, Poland attached great importance to the
activities of non-governmental organizations as a means of ensuring the
observance of human rights.
127. There had also been a number of changes to protect people from arbitrary
or unlawful detention. All detention was now subject to the control of the
courts, to which ctetainees could appeal and, if successful, be granted
immediate release. A bill was before Parliament which provided that the
courts, not the public prosecutor, were responsible for any decision to hold a
person in custody. The police force was being completely restructured. In
that connection/ a special parliamentary commission had reported on cases in
which the former security organs were suspected of causing deaths or
committing other serious violations of human rights. Investigations were in
process regarding, in particular, 91 cases involving deaths, where the report
had recommended that criminal proceedings be instituted.
128. fiecognizing the importance of an independent and impartial judicial
system in protecting all rights and freedoms, numerous changes had been macte
in the court system since 1989. They included the establishment of
institutional guarantees for the independence of the courts and judges, the
broadening of the competence of the courts and the placing of administrative
cases under the control of the Administrative Court. A National Council of
the Judiciary had been established with the vital task of proposing to the
President procedures for the appointment of judges. The election of
magistrates by the Supreme Court had been abolished and the new composition of
the Supreme Court itself had been announced in June 1990.
Constitutional and legal framework within which the Covenant is implemented
129. With regard to that issue, members of the Committee wished to know the
status of the Covenant within the Polish legal system and, in particular, how
contradictions between domestic legislation and the Covenant were resolved;
what provisions governed the appointment of judges in Poland; the status and
functions of the Civil Eights Spokesman as well as the impact of his
decisions; whether a case that had been settled could be reopened through an
appeal to the Civil Sights Spokesman; the composition and functions of the
Social Committee on Human Rights and the Human Rights and Legality Commission;
and what progress had been achieved in preparing for Poland's accession to the
Optional Protocol.
130. Members of the Committee also wished to know how the conformity of Polish
law with the Covenant was assured; whether the provisions of the Covenant on
the issue of discrimination would be given constitutional force in Poland
despite the discrepancy between them and the provisions of article 81 of the
Constitution; whether special courts, referred to in article 56 of the
Constitution, still existed; what further amendments to and reforms of the
criminal law system were being considered; whether the misdemeanour
commissions were independent and what their relationship was with other
courts; whether the misdemeanour commissions could impose imprisonment; what
the relationship was between the prosecutor's office and the courts; whether
there had been any action taken to ensure that fundamental rights enshrined in
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