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 1470523 times
Rate this item
(1 Vote)

1113 comments

  • Comment Link tadalis Friday, 12 June 2015 01:34 posted by tadalis

    It is not better to select high-heeled shoe, if you are an obese.

    It compares the design of vintage motorcycles to today's models.
    Fresh pairs of UGG products arrive in latest designs
    and fake boots are replicas of these originals.

  • Comment Link รังปลวก Thursday, 11 June 2015 06:49 posted by รังปลวก

    As the admin of this website is working, no
    doubt very rapidly it will be famous, due to its feature contents.

  • Comment Link SEO web hosting Monday, 08 June 2015 08:39 posted by SEO web hosting

    The other day, while I was at work, my sister stole my apple ipad and tested to
    see if it can survive a 30 foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views.

    I know this is completely off topic but I had to share it with someone!

  • Comment Link StephanLSperrey Sunday, 07 June 2015 17:30 posted by StephanLSperrey

    Hello, i read your blog from time to time and i own a similar one and i was just curious if
    you get a lot of spam comments? If so how do you reduce it, any plugin or anything you can recommend?
    I get so much lately it's driving me mad so any support is very much appreciated.

  • Comment Link Myrtis Friday, 05 June 2015 18:51 posted by Myrtis

    Descubre todos y cada uno de los contenidos del Curso de
    Programación Android y accede on line absolutamente sin costo.

  • Comment Link EstefanaOBrader Monday, 01 June 2015 19:08 posted by EstefanaOBrader

    Hello there! This article couldn't be written much
    better! Looking at this post reminds me of my previous roommate!
    He continually kept talking about this. I most certainly will forward this post to him.
    Fairly certain he'll have a very good read. Many thanks for sharing!

  • Comment Link Yun Friday, 29 May 2015 07:10 posted by Yun

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

  • Comment Link escorts Tuesday, 19 May 2015 03:34 posted by escorts

    Your mode of explaining the whole thing in this article is
    actually nice, all be capable of effortlessly understand
    it, Thanks a lot.

  • Comment Link stamford brook escorts Sunday, 17 May 2015 21:25 posted by stamford brook escorts

    Hi there this is kind of of off topic but I was
    wanting to know if blogs use WYSIWYG editors or if you have to manually
    code with HTML. I'm starting a blog soon but have no coding experience so I
    wanted to get advice from someone with experience. Any help would be greatly appreciated!

  • Comment Link london old street escorts Sunday, 17 May 2015 21:04 posted by london old street escorts

    Howdy! Do you know if they make any plugins to protect against hackers?
    I'm kinda paranoid about losing everything I've worked hard on. Any suggestions?

Leave a comment

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