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. -36-

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