Poland in the dock over alleged breaches of EU law

A senior Polish MEP says the authorities in Poland may have breached EU judicial law in the case of an entrepreneur who says he is the victim of a long-running campaign to discredit him.

Poland has already been castigated by the European Court of Human Rights for its long-running practice of detaining suspects without charge.

The Strasbourg-based court criticised Poland for imposing excessive lengths of pre-trial detention, failing to provide adequate reasons why pre-trial detention is necessary and failing to consider alternatives to pre-trial detention. 

The criticism came in a report produced for Fair Trials International by the international law firm Clifford Chance. 

Polish law dictates that pre-trial detention can be imposed for a period of three months, but defendants cannot be held in prison where other preventive measures suffice.

 

It has been alleged that Piotr Kalecinski, the state prosecutor in Wroclaw, Poland may be in breach of the EU´s Charter of Fundamental Rights. 

This concerns recent raids by the Polish authorities on companies operated by businessman Marek Kmetko, a Polish national currently living in Zurich, which resulted in a number of arrests.

After more than 10 weeks in prison, six people who were detained on Mr Kalecinski´s orders still do not know what, if any, charges may be brought against them.

The detainees, who have been denied access to legal aid, have yet to receive notice of any charges.

A draft letter of complaint about their treatment has now been sent to the charity Amnesty International together with a list of possible breaches of the Charter of EU Fundamental Rights allegedly committed by Mr Kalecinski.

The raids by officers from the Wroclaw Prosecutor’s office were the latest twist in an investigation for alleged fraud-related irregularities.

The inquiry has been running for some three years and has involved two separate police raids on the Polish offices of K.u.K. International and SACMET in November 2012 and November 2013.

A Polish MEP, who did not wish to be named, said the case "gives cause for real concern."

He added, "I think there is a case to be made here that the authorities may be in breach of EU law. Given the continued detention without charge of these people this is something that needs looking into with some urgency."

His concerns are echoed by an international human rights expert who said the current detentions "risk contravening"  article 47 of the European Charter of Fundamental Rights.

This states that: “Everyone is entitled to a fair and public hearing within a reasonable period of time by an independent and impartial tribunal previously established by law.”

“Everyone in the EU has the right to have their affairs handled fairly and impartially under Article 41 the Charter,” he went on to say, “and the administrative actions being taken at state level in Wroclaw risk taking Poland into the opposite direction from the commitments that have been made to respect the Charter of Fundamental Rights as a signatory of the EU Treaties.”

A spokesman for K.u.K International said, “It is unacceptable that innocent people should be imprisoned without charge, and without access to legal aid. 

“We have already brought these matters to the attention of the Prosecutor General in Poland, the European Parliament's Petitions Committee, and we are now filing a formal complaint with Amnesty International drawing attention to the actions of Piotr Kalecinski and the breaches of human rights in Wroclaw.”

“This is a European election year, and it is time for all Polish politicians to distance modern Poland ever further from its Soviet past, and to make renewed efforts for Poland to continue to move closer to respect for the EU values enshrined in the Charter of Fundamental Rights.”

 

For more information visit www.kmetkostory.org 

http://www.europeanbusinessreview.eu/page.asp?pid=1149

 

Read 77938 times
Rate this item
(1 Vote)

385 comments

  • Comment Link Manhattan Beach SEO Saturday, 22 July 2017 01:02 posted by Manhattan Beach SEO

    It's like you wrote the book on it or something. Great post! i love manhattan beach seo redondo marketing and hermosa beach marketing. need help with hermosa real estate agent instagram marketing structures plus adwords structures? were you aware there is business that delivers real estate agent instagram marketing and adwords structures? Nice read. Any additional suggestions or hints?

  • Comment Link Carley Friday, 21 July 2017 17:24 posted by Carley

    Yes! Finally something about I.

  • Comment Link Hermosa Beach Tuesday, 18 July 2017 17:22 posted by Hermosa Beach

    I had a quick question in which I'd like to ask if you don't mind. Your article has proven useful to me. I'm bored to death at work so I decided to browse your website on my iphone during lunch break. Hallelujah! I needed this-you're my savior.

  • Comment Link Redondo Beach Tuesday, 18 July 2017 02:22 posted by Redondo Beach

    I truly appreciate your efforts and I am waiting for your next post. Don't get afraid to spread your thoughts. This is an excellent, an eye-opener for sure! That's the thinking of a creative mind

  • Comment Link Hermosa Beach Marketing Monday, 17 July 2017 00:26 posted by Hermosa Beach Marketing

    It's like you read my thoughts! Nice read. Thanks for sharing your info.

  • Comment Link Anibal Sunday, 16 July 2017 19:13 posted by Anibal

    you're truly a just right webmaster. The web site
    loading velocity is incredible. It sort of feels that you are doing any distinctive trick.
    Moreover, The contents are masterpiece. you've performed a fantastic process
    on this matter!

  • Comment Link Manhattan Beach Saturday, 15 July 2017 10:09 posted by Manhattan Beach

    Thumbs up! It's like you wrote the book on it or something. Writing a guest post is not so hard. If your articles are always this helpful, 'I'll be back.'

  • Comment Link Redondo Beach SEO Thursday, 13 July 2017 19:57 posted by Redondo Beach SEO

    Thumbs up! hobbies include hermosa beach and redondo beach seo.

  • Comment Link Jesse Grillo Tuesday, 04 July 2017 13:42 posted by Jesse Grillo

    Makes beyond expentations online business data mining marketing campaigns, customer campaigns.

  • Comment Link Rich Feigenbaum Thursday, 11 May 2017 14:01 posted by Rich Feigenbaum

    Wonderful blog you have here but I was curious about if you knew of any user discussion forums that cover the same topics discussed in this article? I'd really like to be a part of community where I can get opinions from other knowledgeable individuals that share the same interest. If you have any suggestions, please let me know. Thanks a lot!

Leave a comment

Make sure you enter the (*) required information where indicated. HTML code is not allowed.