A/HRC/36/14
Sejm (lower house of parliament) and two by the President from among candidates
proposed by the opposition. Since initiating its activities, the Council had held open and
transparent competitions to select presidents of polish television and radio.
18.
The United States raised a question on the criminalization of the use of the phrase
“Polish death camps” and the passing of a law for the restitution of private property to
individuals. On the criminalization of the phrase, the text of the proposed law included that
the illicit act should not be considered a crime if committed within the expression of artistic
or scientific activity. Freedom of research and artistic activity was thus explicitly protected
under the proposed law. Moreover, criminalization would apply only to claims that were
strictly “contrary to historical facts”.
19.
Similar provisions already existed under the same law, providing for the
criminalization of the denial of Nazi German crimes. In that case, freedom of expression
was already constricted to a certain extent, for the sake of combating Holocaust denial. That
would be extended to encompass ascribing responsibility for the Nazi German crimes to the
Polish nation or State. However, the amendments were still proposals and not yet law, and
as such might be subject to change.
20.
Despite no existing specific law on the subject, the restitution of private property
had been under way in Poland for over two decades. The existing legal system in Poland
made it clear that any legal or natural person or their heir was entitled to recover pre-war
property that had been seized unlawfully by either the Nazi German or the Soviet
occupation authorities or by the post-war communist regime. Claimants might proceed
through court and administrative procedures. The Polish legal system contained ample
provisions that enabled owners or their heirs to claim such property. The relevant legal acts
included the Civil Code, the Code of Administrative Procedure and the Law on the
Management of Property.
21.
According to court or administrative procedures, damages could be paid out of the
reprivatization fund administered by the Ministry of Development. From the date it was set
up in 2001 until October 2016, the Fund had paid out damages totalling 2.3 billion zlotys to
4,792 natural and 77 legal persons. That sum included damages paid to persons claiming
enterprises to which property had not been returned in kind.
22.
The delegation of Poland looked forward to a fruitful dialogue with all and would
listen to their comments and recommendations and try to respond to all of them.
B.
Interactive dialogue and responses by the State under review
23.
During the interactive dialogue, 72 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
24.
Serbia encouraged Poland to continue to advance the human rights infrastructure and
devote particular attention to strengthening independent and oversight institutions. It noted
that fighting all forms of slavery remained a challenge.
25.
Sierra Leone commended Poland for updating its national legislation on the rights of
migrants and human trafficking and encouraged it to address the rights of Roma peoples
and asylum seekers.
26.
Latvia noted the concerns regarding the lack of adequate protection mechanisms for
victims of domestic violence. It asked about measures envisaged to ensure independent
broadcasting of the public television and radio services.
27.
South Africa welcomed legislation towards a total ban on corporal punishment and
the ratification of the Convention on the Rights of Persons with Disabilities and the
Optional Protocol to the Convention on the Rights of the Child on communications
procedure.
28.
Spain commended the ratification of the Convention on Preventing and Combating
Violence against Women and Domestic Violence (the Istanbul Convention). It encouraged
Poland to continue to ratify international human rights treaties.
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