(Budapest) Today, Human Rights Watch stated that Poland should repeal a new law that establishes a commission with the authority to investigate “Russian influence” in Poland and expel individuals from public office without judicial oversight. The threat of the law being used to prevent opposition politicians from holding office cannot be mitigated by the last-minute amendments that are currently being discussed in parliament in response to criticism from the United States and the European Union.
Lydia Gall, senior Europe and Central Asia researcher at Human Rights Watch stated, “Any law that gives powers to a body controlled by the ruling party to determine who can run for office based on vague definitions can easily be misused and is therefore undemocratic, undermines the rule of law, and runs counter to EU law.” The law ought to be repealed in its entirety by Parliament.
A powerful new commission is established by law, with a chair appointed by the prime minister and overseen by the chancellery of the prime minister. It is tasked with looking into any actions or decisions made by elected and public officials, senior executives, judges, prosecutors, and military personnel between 2007 and 2022 that may have been influenced by Russia.
It also gives the commission permission to look into whether journalists and civil society groups were acting or making decisions under Russian influence—which is not defined in the law—that hurt state interests or affected internal security. Sanctions, such as a 10-year ban from holding public office and running for election, may be imposed by the commission if it determines that a person has broken the law. On its own, the decision cannot be appealed; a breach of the right to a free and fair trial.
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Due to concerns that it will be used to remove and discredit opposition politicians, particularly former prime minister Donald Tusk, prior to national elections in late 2023, critics have dubbed the law “lex Tusk.”
The law, which went into effect on May 31, 2023, sparked widespread international opposition, including from the EU and the United States. On June 2, President Andrzej Duda proposed making changes to the law. Legislators would be barred from serving on the commission, a right to appeal on the merits would be established, and the power to impose sanctions would be eliminated by these amendments. However, the commission would still be able to declare that a person has acted under Russian influence and is, as a result, unfit to perform public duties—a label that would be used to discredit the individual. Before the fall national elections, the commission is scheduled to release its first report in the middle of September.
President Duda likewise sent the ongoing regulation for an established survey to the Protected Council, a politically compromised court unlawfully loaded with administering party judges.
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Large-scale demonstrations in Poland have resulted from dissatisfaction with the government’s years-long democratic reversal and the controversial law. The Law and Justice (PiS) party has been in power since 2015, when it attacked women’s and LGBT rights, criminalized civil society activities, attacked the independence of the judiciary, waged a war on independent journalists, prosecuted human rights activists, and virtually banned legal abortion in Poland. The Clean government has likewise disregarded restricting decisions from the Courtroom of the European Association and the European Court of Common Liberties.
The European Commission ought to start a new legitimate activity – encroachment procedures – against Poland for this latest law and order maltreatment infringing upon EU regulation, Basic Liberties Watch said.
The European Commission initiated proceedings under Article 7 of the Treaty of the European Union in 2017 in response to Poland’s democratic deterioration. This procedure could result in Poland losing its right to vote at the EU Council.
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Due to Poland’s clampdown on judicial independence, the Commission has also initiated six infringement proceedings against the country. Due to concerns about the rule of law, it has frozen funds for recovery from the EU and Covid, as well as funds for Poland’s regions and municipalities that have declared themselves “LGBT Ideology Free” zones.
“It ought to be without question to the Commission that Warsaw’s most recent jokes contradict the very esteems the Commission is obliged to safeguard,” Nerve said. ” The Commission ought to call on Poland to repeal this shameful law in honor of the hundreds of thousands of protesters calling for democracy.
Source – hrw
