Eight to privacy
162. With reference to that issue, members of the Committee wished to know
whether investigations into cases of unlawful opening of correspondence,
telephone-tapping and bugging had taken place; whether any criminal or
disciplinary measures had been taken against those found guilty; what measures
had been taken to eliminate such devices and the recurrence of such practices;
and whether telephone-tapping and bugging, if permitted, had been legalized by
the Police Act of 1990.
163. In reply, the representative of the State party said that police
activities such as telephone-tapping and bugging were subject to severe
restrictions and could be authorized only by the Minister of Justice or at the
request of the Minister of the Interior. An inquiry into the cases of
telephone-tapping and bugging referred to in the report had been discontinued
when it was learned that these devices had not been used. Bugging devices had
also been discovered on the premises used by Solidarity during the 1989
presidential election. Following a special appeal made by the Ministry of
Justice, the Supreme Court had overruled the decision by a district court to
close the proceedings and the case was to be reviewed.
Freedom of religion and expression
164. In connection with that issue, members of the Committee wished to know
the legal restrictions, invoked on grounds of public safety, order, health or
morals, or the rights and freedoms of others, that had been placed on
individuals or groups in expressing their religious beliefs; the length of
community service as compared to the length of military service; the progress
achieved with regard to the implementation of the rights and freedoms provided
for under article 19 of the Covenant, in particular in the light of the reform
of the Penal Code and the criminal law; developments related to the
implementation of the Press Act as amended by the Act of 11 April 1990; and
whether the fact that the Press Act was now in force meant that inciting
others to commit offences or praising others for having committed offences was
prohibited.
165. Members of the Committee also wished to know what control, if any, was
exercised by the Government on television broadcasting; to what extent
authorities were obligated to provide information being sought by a citizen;
whether Catholicism had been accorded a special status as the State religion
or if all faiths were on an equal footing; and whether the importation of
foreign publications or the activities of foreign correspondents were in any
way restricted.
166. In reply, the representative of the State party said that there were no
restrictions on religious belief or worship or on associations formed for that
purpose. Acts of parliament had been prepared or adopted in relation to a
number of churches, such as the Roman Catholic, Orthodox and Evangelical
Churches, particularly in cases where church property had been nationalized
earlier. Catholicism, which was not a State religion, accounted for
90 per cent of the population, with 65 other registered religious communities
accounting for the remaining 10 per cent. Military service at present lasted
24 months and community service 36 months, although measures already adopted
would change that to 18 months and 24 months, respectively. Regarding the
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