A/HRC/8/52
page 180
Concerning the issue of the alleged involvement of the Polish authorities in the programme of
secret detentions and renditions led by the United States of America raised during the interactive
dialogue, Amnesty International regretted that no specific recommendations were included in the
outcome report.
537. The Helsinki Foundation for Human Rights expressed satisfaction at the fact that the
Polish Government has accepted most of the recommendations made during the review,
especially those concerning the use of pretrial detention, the overcrowding of prisons and the
prevention of discrimination. It noted that despite denials by the Polish Government, senior
Polish security officials have confirmed to the Council of Europe that Polish territory was
secretly used to hold some of the United States’ most important detainees after 11 September.
Although the Polish Government has promised to release the findings of Senator Marty’s report,
these materials have never been made public, except at a press conference in which the
Government denied the existence of any information regarding the use of detention facilities. In
Marty’s opinion, this exercise was insufficient in terms of the positive obligation to conduct a
credible investigation of the allegations of serious human rights violations. In the light of this,
the Helsinki Foundation expressed its hope that Poland will engage in a dialogue on this issue.
538. The International Lesbian and Gay Association expressed great satisfaction that Poland has
accepted most of the recommendations and that those concerning lesbian, gay, bisexual and
transgender people were addressed. As regards recommendation No. 6 on the adoption of an
anti-discrimination law, it stressed that the proposition of Poland includes sexual orientation
and gender identity only in employment and recalled that human rights standards in
Europe on this matter include sexual orientation and gender identity in all contexts. It
welcomed recommendation No. 27 encouraging Poland to enact a comprehensive body of
anti-discrimination legislation and to set up a body to combat discrimination. It also expressed
the hope that the new Plenipotentiary of Equal Status will be equipped with the sufficient
resources to effectively perform its duties. In reference to recommendation No. 17 on the right to
freedom of expression and association, it hoped that the decision of the European Court of
Human Rights in this regard would be fulfilled and that the freedom of assembly be guaranteed
to all. It also indicated that it would be suitable to include sexual orientation and gender identity
as one of the grounds in the anti-hate speech criminal code provisions. Finally, in reference to
recommendation No. 23 encouraging Poland to intensify its efforts to promote and protect
dignity and equality, it noted the position of Poland that the issue of the Council of Europe’s
handbook COMPAS on promoting human rights had been resolved.
4. Views expressed by the State under review
on the outcome and concluding remarks
539. In conclusion, the delegation reiterated that Poland is fully committed to make the
universal periodic review process a success and to ensure that it will improve the situation of
human rights at the national level. It stated that no country has a perfect human rights record and
Poland is no exception. Poland is aware of its shortcomings in this field and it has been very
clear about this in the national report and during the review process. What we need is to be
constantly ready to respond to the new challenges in the promotion and protection of human
rights. In this context Poland is convinced that the value of the UPR exercise lies not only in the
presentation of human rights achievements but in particular in the identification of the key
challenges that are still to be tackled. Poland perceives the recommendations made in the course
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