A/HRC/21/14
79.
Italy welcomed Poland’s comprehensive report which described the institutions and
mechanisms in place for human rights protection, progress made in implementing the
recommendations from its first UPR and concrete measures adopted. It expressed its
confidence that Poland would continue to respect the principles of democracy and
promotion of human rights that had allowed its society to achieve extraordinary results so
quickly.
80.
Liechtenstein welcomed the initiatives taken to improve the education of Roma
children. It commended Poland on its adoption of legislation on domestic violence
explicitly prohibiting corporal punishment in the home and other forms of care. It
acknowledged Poland’s commitment to international justice and congratulated it on
amending its Criminal Code to comply with the Rome Statute. Liechtenstein made
recommendations.
81.
Lithuania noted the efforts made by Poland to maintain an integrated, but at the
same time a multi-ethnic and multicultural, society. Lithuania pointed out that the right of
Lithuanians in Poland to education in their own language was being undermined because of
the gradual closure of small ethnic schools due to underfunding, lack of textbooks in the
Lithuanian language and poorly-translated school examination questions. It was concerned
about the rising inter-ethnic tension and violence. Lithuania made recommendations.
82.
Uzbekistan noted the concern expressed by the treaty bodies about severe
discrimination against women, lack of protection of women’s rights and persistent gender
inequalities. It also referred to concerns about widespread racial discrimination and
violence, including by the police, and the lack of government measures to promote a more
tolerant attitude towards foreigners. Uzbekistan made recommendations.
83.
Responding to additional questions from Austria, China, Cuba, Egypt, Germany,
Indonesia, Belarus, Ireland and Uzbekistan, the delegation indicated that the prosecution
paid considerable attention to reports of offences of racism and xenophobia. In 2011,
Poland had addressed 323 such reports at the national level, 60 in 2006, and 166 in 2009. In
2011, 85 persons were placed under investigation, and judicial procedures were initiated
against 54 persons, resulting in 20 persons being convicted. In 78 cases, it was not possible
to identify the offenders. The delegation noted that almost all decisions to dismiss
proceedings were subjected to hierarchical review and in 2011, of 178 cases, irregularities
were found in 69. Poland noted that 74 were offences committed via Internet and 22
occurred during sport events. In 2009, one fascist organization was dissolved.
84.
Poland addressed questions by Austria and Iraq on the new preventive measure for
victims of domestic violence, by which an accused can be ordered to leave the premises
jointly occupied with the victim, and be obliged to refrain from contacting the victim. This
measure may be ordered by the Court as an alternative to pretrial detention. With the last
amendment to the law, also the Public Prosecutor is also able to issue such an order, if a
justified risk exists of the perpetrator committing again the crime. The accused may also be
assigned, at his own request, to a place of residence in centres ensuring night
accommodation, with the exception that the accused cannot be in a centre for victims of
domestic violence.
85.
Responding to a question from Liechtenstein, as to the implementation of the Rome
Statute, the delegation noted that it had already taken place and that new provisions were
introduced to the Penal Code.
86.
Concerning measures to reduce pretrial detention and overcrowding in detention
facilities and alternative forms of punishment, an issue raised by Austria, Poland promoted
alternative punishment, including in the form of electronic surveillance in all the territory.
Poland comes second in Europe when it comes to the number of people serving their
sentence under electronic surveillance system. Reference was made to comments made by
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