A/HRC/8/30 Page 5 the elderly, and to sensitize the society to manifestations of discrimination towards these groups, he noted that the Ministry of Labour and Social Policy commissioned the production of a TV spot which was granted the main prize for the best audiovisual programme within the framework of the 2007 European Year of Equal Opportunities for All. 9. He also noted that the issue of domestic violence is subject of the Act on Domestic Violence adopted in 2005 and the National Action Plan of Countering Domestic Violence. He noted that since 1998, the police has been implementing a special procedure called “Blue Cards” which defines a set of measures to deal with complaints of domestic violence, including remedial responses and cooperation with non-police entities. Both the police and the prosecutors cooperate with crisis intervention centres and district centres for family assistance. Regarding activities for the benefit of women and families, he pointed out several issues related to health-care services, such as the access to family planning services and health-care services including prenatal testing. 10. Regarding the Polish prison system, he indicated that Poland has been facing a problem of overcrowding in prisons and lengthy pre-trial detention periods. A decision issued by the Council of Ministers in 2006 foresees the creation of 17,000 new places in the organizational units in the prison system. 4,142 places were obtained in 2006 and 4,402 in 2007. In 2008, a draft of a decision by the Council of Ministers aimed at establishing the “Programme of Modernizing the Prison Service in the period 2009-2011” was to undergo inter-ministerial consultations. Moreover, the application of alternative forms of punishment has been extended and electronically monitored probation has been implemented for selected custody-bound offenders. In addition to activities aimed at increasing the number of places in penitentiary institutions, certain measures have been taken to improve the condition of persons deprived of their liberty. Regarding the issue of lengthy pre-trial detention raised in one of the advance questions, he noted that this still remains a serious issue. The Code of Criminal Procedure determines the duration of pre-trial detention, the circumstances in which it can be applied, and leaves no room for discretionary decisions. The application of this measure is the exclusive competence of an independent court and is subject to control by higher-instance courts. The cases in which pre-trial detention has exceeded the duration of one year are subject to constant monitoring by the National Prosecutor’s Office as they arise. 11. On the current status of the lustration process and on how the Polish Government ensures that human rights of all individuals are protected in the process, an issue also raised in the advance questions, he noted that the activities of State organs are governed by the Act of 18 December 1998 on the Institute of National Remembrance and the disclosure of information about documents of State security organs from 1944 to 1990. He noted that the relevant acts regulating the process of lustration were subject to constitutional control by the Constitutional Tribunal, which invalidated some of the provisions and formulated postulates addressed to the legislature concerning others. The judgement of the Constitutional Tribunal led to a subsequent amendment of the Act by Parliament aimed at adapting the rule of lustration to the constitutional principles of the protection of civil rights. The right to court hearing and defence is implemented at every stage of the lustration process. 12. On the question on the procedure for the selection of judges and guarantees of their independence, he noted that the guarantees of the independence of judges are contained in the Constitution of Poland. Judges are appointed for life. A judge may not be detained or charged without the consent of a disciplinary court. Judges are appointed by the President of Poland, at the recommendation of the National Judicial Council. Following the recent refusal by the President to appoint a judge recommended by the Council, a competency dispute has developed which will be resolved by the Constitutional Tribunal at the motion of the First President of the Supreme Court.

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