criminal proceedings had been instituted against 16 persons suspected of being
responsible. It was felt that the incidents did not represent a general
attitude of intolerance towards gypsies in Poland.
Concluding observations by individual members
175. Members of the Committee expressed their thanks to the representatives of
the State party and welcomed the excellent dialogue that had been established
between the Polish delegation and the Committee. In view of Poland's economic
difficulties and its totalitarian past, the efforts of the country's
authorities to implement international human rights instruments and carry out
democratic reforms were all the more praiseworthy. The detailed information
provided by the delegation on the implementation of the new laws adopted in
Poland had given the Committee a better understanding of the process to bring
those laws more into line with the provisions of the Covenant. Poland had
made impressive progress in that regard in very little time. The important
cole played by the Civil Sights Spokesman, the steps taken to ratify the
Optional Protocol, and the submission of a large number of bills to amend
legislation so as to ensure greater respect for human rights were also noted
with satisfaction.
176. At the same time, members of the Committee expressed concern over the
treatment of detainees in Poland. The prolongation of pretrial detention,
which could last up to two years, was excessive and inconsistent with the
provisions of the Covenant. Legislation should be amended in such a way that
questions relating to family visits and access to a lawyer would not be
settled by the public prosecutor, but by the courts. New legislation should
also provide for the possibility of filing an appeal against a decision to
place a person in a psychiatric institution, in keeping with article 9 of the
Covenant. In the current process of amending the Constitution, the principle
of the presumption of innocence, enshrined in article 14, paragraph 2, of the
Covenant, should be given due attention.
177. With regard to the implementation of article 19 of the Covenant, the
replies given did not appear to be entirely satisfactory and it would be
helpful if the Polish authorities would again define the criteria applied in
restricting freedom of expression. Concern was voiced in particular over the
Act of 29 May 1989, limiting freedom of expression in certain areas. It was
also noted that legislative provisions restricting the freedom of television
stations and of publications undermined freedom of expression and should be
revised.
178. Members of the Committee also expressed concern regarding the treatment
of minorities. The Polish Government should take all necessary measures for
dealing with that issue, particularly by strictly observing the provisions of
the Covenant. It would also be advisable to enact a law in Poland prohibiting
the legalization of political parties that violated article 20 of the Covenant
by inciting people to violence or advocating racism.
179. The Polish delegation had given a remarkably frank description of the
human rights situation in Poland and the changes that had occurred in recent
years. It was hoped that the Polish Government would take the Committee's
observations into account when continuing its restructuring of the Polish
legal system.
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