Spokesman was entitled to act at the request of citizens or on his own initiative and it was his duty to consider whether there had been a violation of the law on the part of State bodies. Judicial proceedings, whether criminal, administrative or disciplinary, could be initiated against those bodies. In 1990, the Spokesman had received more than 40,000 complaints, most of which related to disputes between individuals, and had considered more than 4,800 cases. As a result, the Spokesman had made 164 general presentations questioning the implementation of the law and had submitted 15 motions to the Constitutional Court as well as 4 questions relating to the interpretation of the law. 135. The Social Committee on Human Rights was a registered association which had approached the authorities on a number of human rights issues. They include questions concerning the rehabilitation of victims of Stalinist persecution; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as well as the Optional Protocol to the International Covenant on Civil and Political Eights; the rights of individuals to appeal to the Constitutional Court; and matters relating to non-discrimination. The Human Eights and Legality Commission was a body of the Senate responsible for verifying the conformity of Polish law with the two International Covenants and the Universal Declaration of Human Rights and to assess the implementation of those instruments by State bodies. The Commission could also prepare legislation on human rights questions and was entitled to express views on candidates for the office of the Civil Rights Spokesman and on the budgets of various government ministries. Additionally, the Commission disseminated international human rights standards in cooperation with the parliamentary commissions of other countries and with other international human rights bodies. 136. The Optional Protocol had been signed by the President and the instrument of accession by Poland would be deposited with the Secretary-General of the United Nations in the near future. State of emergency 137. With reference to that issue, members of the Committee wished to know under which circumstances martial law or a state of emergency could be proclaimed; which authority was empowered to take such a decision and the procedures that were to be followed; and what rights could be derogated from during such a situation. Clarification was also requested as to the powers of the police and the military in a state of emergency and whether Polish authorities were considering shifting the authority to order detention during a state of emergency away from the local police to a court. 138. In reply, the representative of the State party explained that, according to the Constitution and applicable law, martial law could be proclaimed by the President of the Republic in all or part of the country if required by external threats to security. A state of emergency could be proclaimed for a period of three months in the event of a threat to internal security or disaster and could be extended by a maximum of three months with the agreement of the Senate and the Diet. The proclamation of martial law or a state of emergency entailed the temporary suspension or limitation of certain fundamental civil rights and permitted house searches, the censorship of correspondence, the monitoring of telephone or telex communications, the -30-

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