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 874714 times
Rate this item
(1 Vote)

726 comments

  • Comment Link smadav 2018 Saturday, 10 November 2018 14:23 posted by smadav 2018

    I truly appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You've made my day! Thanks again

  • Comment Link ccleaner key Saturday, 10 November 2018 12:54 posted by ccleaner key

    Please let me know if you're looking for a article author for your weblog. You have some really good articles and I believe I would be a good asset. If you ever want to take some of the load off, I'd absolutely love to write some material for your blog in exchange for a link back to mine. Please shoot me an e-mail if interested. Cheers!

  • Comment Link 艾多美 Saturday, 10 November 2018 01:56 posted by 艾多美

    Would you be interested in exchanging links?
    艾多美 http://www.atomy.me/

  • Comment Link 財神娛樂城 Friday, 09 November 2018 13:43 posted by 財神娛樂城

    I am often to blogging and i really appreciate your content. The article has really peaks my interest. I am going to bookmark your site and keep checking for new information.
    財神娛樂城 http://www.jv7711.com/

  • Comment Link 艾多美 Thursday, 08 November 2018 15:40 posted by 艾多美

    Can I just say what a relief to find someone who actually knows what theyre talking about on the internet. You definitely know how to bring an issue to light and make it important. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.
    艾多美

  • Comment Link FORTNITE HACK MAC DOWNLOAD - FORTNITE CHEAT FREE DOWNLOAD Thursday, 08 November 2018 13:20 posted by FORTNITE HACK MAC DOWNLOAD - FORTNITE CHEAT FREE DOWNLOAD

    Nice blog here! Also your website loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my site loaded up as quickly as yours lol

  • Comment Link TransMac 12.1 Keygen With Crack Full Version Free Download Wednesday, 07 November 2018 22:45 posted by TransMac 12.1 Keygen With Crack Full Version Free Download

    That is really fascinating, You're an excessively professional blogger. I have joined your rss feed and look forward to in quest of more of your excellent post. Additionally, I have shared your site in my social networks!

  • Comment Link Northgard Infinite Food Wood money ( kröwns) Cheat Engine Wednesday, 07 November 2018 21:18 posted by Northgard Infinite Food Wood money ( kröwns) Cheat Engine

    This is very interesting, You are a very skilled blogger. I've joined your rss feed and look forward to seeking more of your wonderful post. Also, I have shared your web site in my social networks!

  • Comment Link yabo10 Wednesday, 07 November 2018 07:54 posted by yabo10

    克罗地亚众将士们上周都没有闲着,首先是国米双星佩里西奇和布罗佐维奇,在周中国米4-0战胜卡利亚里的比赛中,佩里西奇打进1球,布罗佐维奇打进1球的同时还上演了一次精妙的助攻。

  • Comment Link manbetx官网 Wednesday, 07 November 2018 07:48 posted by manbetx官网

    莫斯科同样也因她美丽的建筑和著名的历史遗迹而格外出彩。

Leave a comment

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