Spokesman was entitled to act at the request of citizens or on his own
initiative and it was his duty to consider whether there had been a violation
of the law on the part of State bodies. Judicial proceedings, whether
criminal, administrative or disciplinary, could be initiated against those
bodies. In 1990, the Spokesman had received more than 40,000 complaints, most
of which related to disputes between individuals, and had considered more than
4,800 cases. As a result, the Spokesman had made 164 general presentations
questioning the implementation of the law and had submitted 15 motions to the
Constitutional Court as well as 4 questions relating to the interpretation of
the law.
135. The Social Committee on Human Rights was a registered association which
had approached the authorities on a number of human rights issues. They
include questions concerning the rehabilitation of victims of Stalinist
persecution; the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment as well as the Optional Protocol to the
International Covenant on Civil and Political Eights; the rights of
individuals to appeal to the Constitutional Court; and matters relating to
non-discrimination. The Human Eights and Legality Commission was a body of
the Senate responsible for verifying the conformity of Polish law with the two
International Covenants and the Universal Declaration of Human Rights and to
assess the implementation of those instruments by State bodies. The
Commission could also prepare legislation on human rights questions and was
entitled to express views on candidates for the office of the Civil Rights
Spokesman and on the budgets of various government ministries. Additionally,
the Commission disseminated international human rights standards in
cooperation with the parliamentary commissions of other countries and with
other international human rights bodies.
136. The Optional Protocol had been signed by the President and the instrument
of accession by Poland would be deposited with the Secretary-General of the
United Nations in the near future.
State of emergency
137. With reference to that issue, members of the Committee wished to know
under which circumstances martial law or a state of emergency could be
proclaimed; which authority was empowered to take such a decision and the
procedures that were to be followed; and what rights could be derogated from
during such a situation. Clarification was also requested as to the powers of
the police and the military in a state of emergency and whether Polish
authorities were considering shifting the authority to order detention during
a state of emergency away from the local police to a court.
138. In reply, the representative of the State party explained that, according
to the Constitution and applicable law, martial law could be proclaimed by the
President of the Republic in all or part of the country if required by
external threats to security. A state of emergency could be proclaimed for a
period of three months in the event of a threat to internal security or
disaster and could be extended by a maximum of three months with the agreement
of the Senate and the Diet. The proclamation of martial law or a state of
emergency entailed the temporary suspension or limitation of certain
fundamental civil rights and permitted house searches, the censorship of
correspondence, the monitoring of telephone or telex communications, the
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