Prisoners in Poland may shortly gain a new, crucial right – the anticipation to file complaints for besides long time to wait for the examination of applications for early release and to search compensation for the chronicity of specified proceedings. The rules to make this possible are presently being worked on by the Senate. This is an crucial step towards restoring the embedded legal tools they lost as a consequence of the 2016 amendment.
The prisoners have lost crucial law. Will they get it back now?
The current law excludes the anticipation for prisoners to lodge complaints about the chronicity of proceedings concerning conditional early release, postponement of enforcement of penalties or consent to the execution of penalties in the electronic surveillance system. Moreover, inmates cannot search compensation for delays in these cases. The proposed amendment is intended to amend this by restoring the right to complain to prisoners and possible financial compensation.
The legislative proposal was created in the legislature in consequence to a private person's petition. Its authors stress that the current government restricts constitutional right to court and raises doubts as to the rule of equality with the law. In criminal and civilian matters, the parties may lodge complaints against the dimension of proceedings, while the prisoners are deprived of that right.
Ombudsman supports changes
The Ombudsman (RPO) expressed his support for the project, pointing out that many complaints were received from prisoners concerning besides long a time for prison courts to process their applications.
– specified persons should not be deprived of the legal resources that would let them to counteract the protractiveness of their judicial proceedings," the RPO emphasises.
Ministry of Justice and Prosecution for, National Judiciary Council v.
The task gained affirmative opinions from the Ministry of Justice and national prosecutor Dariusz Korneluk. The Prosecutor pointed out that the proceedings conducted by the Penitentiary Court were qualified as cases within the meaning of the Constitution, and that the Basic Act guarantees that cases are examined without undue delay.
Another opinion, however, is the National Judicial Council (NRA), which in its opinion indicates that the proposed amendments will increase the burden on courts and will be costly to the state budget.
“Prolongation complaints are secondary to the main issues, which require not only additional engagement of judges and judicial staff, but besides indirectly prolong procedures on essential matters,” says the KRS.
Conditional early release – increasing
It is worth noting that in fresh years there has been a increasing number of prisoners who are granted conditional early release. The decision in this case shall always be taken by the Penitentiary Court, given the circumstances of the offence, the attitude of the prisoner and his conduct during the execution of the sentence. An application for early release may be submitted by the inmate and the manager of the unit of the prison.
What's next on the project?
The destiny of the task will shortly be decided by the Senate. If the rules are adopted, the prisoners will recover legal tools that will let them to fight for their rights more effectively. This is an crucial step towards greater transparency and justice in the prison system.
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Prisoners with fresh law! Complaint of besides long examination of a request for conditional release
