extension beyond the normal retirement age of 65 years, A backlog of cases,
which was not excessive in number, had resulted from the radical changes being
made in the organizational structure of the courts and the judiciary and the
increased powers that the courts in Poland had acquired since 1989. It was
hoped that, as the reforms in the legal system and judiciary were completed,
the courts would return to full effectiveness.
158. Military courts were the only special courts in Poland and their purpose
was to provide the judicial machinery to deal with military offences. At
present, crimes against the interests of the State were also tried in military
courts but, under the proposed new Code of Criminal Procedure, military courts
would in the future try military offences only. Appointments to the post of
military judge were made on the same basis as for ordinary courts, except that
the candidates had to be career officers.
Freedom of movement and expulsion of aliens
159. With regard to that issue, members of the Committee wished to know the
period of time needed, under normal circumstances, for the issuance of a
passport, the costs incurred and the administrative formalities to be
followed; what difficulties were experienced with regard to the securing of
permanent residence of Poles domiciled in the Soviet Union; and what the law
and practice were in relation to the expulsion of aliens. Members of the
Committee also wished to know the numbers and nationality of Arab refugees in
Poland and whether they had come to Poland under the auspices of the Office of
the United Nations High Commissioner for Refugees (UKHCE).
160. In reply, the representative of the State party said that the new
Passport Act of 1990 made it possible for citizens to exercise their right
freely to leave and return to Poland. Passports were now issued by provincial
authorities and not the police, as had formerly been the case. No complaints
of backlogs or excessive delays had been received and many provincial offices
issued passports within two weeks of application. Passports were valid for 10
years and remained in the possession of the holder. The large numbers of
Soviet citizens of Polish origin applying for permanent residence in Poland
had sharply declined, by the end of 1990. In all, 20,000 foreigners had been
granted permanent residence in Poland. In 1991, 1,600 applications had been
received of which over 1,000 had been granted, 37 had been rejected and the
remainder were still being processed. Rejection was decided on the grounds
that the applicant had nowhere to live in Poland and no source of income.
161. Expulsion of an alien was ordered if there was clear proof that the
person had acted against the interests of Poland, had been convicted of an
offence, had infringed customs regulations or posed a threat to law and order
in a manner specified in the Code of Administrative Procedure. An expulsion
order was signed by the provincial governor and an appeal could be made to the
Ministry of the Interior or a complaint brought to the relevant administrative
court. In cases where an alien refused to comply voluntarily with an
expulsion order, the person might be detained at an observation centre.
Appeals against expulsion orders and detention could be made to the ordinary
courts. With regard to Arab refugees in Poland, most of the several hundred
persons concerned were Yemenis who had attempted to reach Sweden via Poland.
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