obtain, legal personality under Polish law needed, in effect, at least 15
Polish citizens as members.
Bight to life
143. With reference to that issue, members of the Committee wished to know the
current status of the bill intended to abolish the death penalty; the results,
if any, obtained through the activities of the ad hoc commission set up to
consider cases of deaths in mysterious circumstances during the 1982-1988
period; and what measures had been taken against environmental pollution to
protect the right to life. In addition, members of the Committee wished to
know whether any cases of involuntary disappearances had occurred under the
former regime; whether Poland had launched any information campaigns on AIDS
and its prevention; and how the new bill on the legal protection of unborn
children differed from the 1956 Act concerning the termination of pregnancy.
144. In reply, the representative of the State party said that the ad hoc
Commission established by the Diet to consider the cases of deaths which might
be attributable to officials of the civic militia or the security services had
examined 115 of the 120 cases of unexplained death before it. In 24 of those
cases the Commission established that there had been no connection with
activities of the Ministry of the Interior. In the 91 other cases, the
Commission recommended either that the case be reopened if it had been
previously dropped or that criminal proceedings be instituted. The Parliament
had endorsed the Commission's proposals and ordered the public prosecutor to
investigate the cases to identify those responsible. The Prosecutor was
required to report on the results of his inquiry by 31 December 1992. With
regard to AIDS, Polish authorities had undertaken information campaigns on the
disease and its prevention and a great many publications on the subject were
available in Poland. On the subject of the termination of pregnancy, the
debate in Parliament in 1989 on that complex question had proven
inconclusive. The new Parliament, therefore, would have to decide the
question,
145. Responding to questions concerning environmental problems, the
representative pointed out that 11 per cent of Polish territory was threatened
by pollution as a result of the industrialization policy of the former
regime. An act on the monitoring by the State of ecological conditions had
been promulgated in 1990 and, as a result, industrial polluters had been
closed down or otherwise penalized. Other measures recommended in a policy
statement adopted by the Government in October 1991 still needed to be
implemented. The economic situation posed serious constraints in that
respect, although measures such as the conversion of foreign debt into
ecological investments, financial assistance from the World Bank and loans
granted by the European Community and the 24 most industrialized countries
were steps in the right direction.
Liberty and security of the person
146. With regard to that issue, members of the Committee wished to know the
impact of the process of reform of criminal law on the implementation of
article 9 of the Covenant; the maximum length of pretrial detention; whether
there was any provision for a regular review by a court of such detention; the
composition and activities of the misdemeanour commissions; and what progress
had been achieved in the work on the mental health bill guaranteeing the
protection of the rights of persons confined in psychiatric hospitals.
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