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 1171607 times
Rate this item
(1 Vote)

944 comments

  • Comment Link Thanh Wednesday, 28 October 2015 01:17 posted by Thanh

    We are a group of volunteers and opening a new scheme in our community.
    Your site offered us with valuable info to work on. You have done an impressive job and our
    whole community will be grateful to you.

  • Comment Link this domain Wednesday, 28 October 2015 01:16 posted by this domain

    Highly descriptive post, I enjoyed that bit. Will there be a part 2?

  • Comment Link Mahalia Tuesday, 27 October 2015 22:17 posted by Mahalia

    This post is invaluable. How can I find out more?

  • Comment Link weight loss with hcg injections Tuesday, 27 October 2015 10:18 posted by weight loss with hcg injections

    Wait 12 ԝeeks betԝeen third and fourth rounds,
    20 wеeks between fourth and fifth rounds, and 6 monthѕ betweеn fifth
    and sixth. stay to a Һeаѵily restricted dietary calorie intake becausе the body.
    If you think that a universal աeight loss prօgram would be аppropriate for all, then you are wrong.
    He or she should continue using any medication that have been prescribed by their doctor.
    Orange liquid because well because low fat drinking natural yoghurts ɑre integrated seeing
    that supply of potassium.

  • Comment Link descargar discografia eminem gratis 1 link Monday, 26 October 2015 08:55 posted by descargar discografia eminem gratis 1 link

    dieciocho 19 En dos mil nueve publicó Loba , el cual
    fue considerado como un mediano fracaso en la carrera de Shakira.
    Al final de la canción, Eminem le dice a Nick que le afirme a Mariah que cierre la boca, si no seguirá adelante.
    Eminem apareció en el álbum de Pink , The Truth About Love , en la
    canción "Here Comes The Weekend". Su nombre artístico procede de la unión de las
    iniciales de Marshall Mathers: M & M ("Em"
    "An" "Em", estilizándose a Eminem) Doctor USA, y hasta hoy, más de 7 millones
    a nivel del mundo, y 7,8 en Doctor Es el año mil novecientos noventa y siete cuando
    Eminem decide ponerse el apodo Slim Shady y, con ese nuevo nombre, las cosas cambian y comienzan a mejorar.
    Don't miss the opportunity to participate for a call from A.
    Ubago or his new álbum "Patrañas Francas"....

    2 years ago.

  • Comment Link www.cga.co.ke Thursday, 22 October 2015 21:59 posted by www.cga.co.ke

    Download the Outlook Hotmail Connector by clicking the "Download Now"
    button. com and sign in using your Windows Live ID and password.

  • Comment Link Kori Diazdeleon Thursday, 22 October 2015 07:52 posted by Kori Diazdeleon

    Oh my goodness! an amazing article dude. Thank you However I am experiencing problem with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting equivalent rss problem? Anyone who is aware of kindly respond. Thnkx

  • Comment Link celebrity weight loss Wednesday, 21 October 2015 14:25 posted by celebrity weight loss

    My tҺoughts grow to be clearer and I can shaгply concentrate all thгough the whole morning
    with no sensаtion mentally cloudy, which I employed
    to really feel when I experienced been consuming vacant fat ladеn calories (sweets, rapid foods, etc.
    Mediсal professiοnals and consumers аlike are constantly debating the effectiveness and safety of the h - CG diet weight loss plan, but with countless succеss stories and
    claims of massive weіght loss, you should learn the truth about h - CG.
    Jɑson's Teɑ Treе Scalp Normalizing Shampoo and Conditioner are HCG approved dandruff ɦair carе products.
    Exceѕs fat reduction fouг idiots is based mostly on a principle
    of "Calorie Shifting" somewhat that consuming reduced carb,
    reduced fats oг reduced calories. This hormone plays an important гole
    іn exactly how the human body stores as well aѕ
    lets oսt unwantеd fat, and lesser dosеs οf the HCG hormone that haѕ been created
    in a lab could actually helƿ some people lose weight by boosting the metaƅolism,
    and by triggerіng the body's natսral fat loss processеs.

  • Comment Link facebook login Sunday, 18 October 2015 11:48 posted by facebook login

    co just fluffing my hair for just a second given it's been a really long day.

    To make it quickly, follow on your name towards the top of any Facebook page.

  • Comment Link NBA 2k16 vc Glitch Thursday, 15 October 2015 14:48 posted by NBA 2k16 vc Glitch

    Hi there are using Wordpress for your blog platform?

    I'm new to the blog world but I'm trying to get started and create
    my own. Do you require any html coding knowledge to make your
    own blog? Any help would be really appreciated!

Leave a comment

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