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 1175129 times
Rate this item
(1 Vote)

970 comments

  • Comment Link yabo888浣撹偛 Thursday, 07 February 2019 07:39 posted by yabo888浣撹偛

    拜仁:我觉得有很多的可能性,我相信除去C罗,还有其他的球员可能在慕尼黑决定比赛胜负。

  • Comment Link 118bet閲戝崥瀹漚pp Thursday, 07 February 2019 07:38 posted by 118bet閲戝崥瀹漚pp

    重逢哈梅斯:我觉得我不希望哈梅斯离开,但是他希望更多的时间,这样我就理解了,但是我和哈梅斯没有任何的矛盾,这是你们的一厢情愿。

  • Comment Link 188asia.com Thursday, 07 February 2019 07:27 posted by 188asia.com

    本泽马又没进球:我对于本泽马一直是希望能够进球的,我们知道他是一个好球员,能够和队友有很好的化学反应,今年对于他来说很艰难,但是我觉得赛季还有机会,本泽马还有机会进球。

  • Comment Link yabo sports Thursday, 07 February 2019 07:23 posted by yabo sports

    首回合比赛我们进了3个球,今天我们在上半场也有很多机会,但是直到最后才获得进球,这就是足球。

  • Comment Link 缃戜笂婢抽棬閲戞矙缃戠珯 Thursday, 07 February 2019 06:59 posted by 缃戜笂婢抽棬閲戞矙缃戠珯

    我觉得今天的比赛不一样,但是我对于我的球员们依然很开心。

  • Comment Link 188bet asia app Thursday, 07 February 2019 06:56 posted by 188bet asia app

    淘汰赛从未出局:我觉得这是因为我们的决心,皇马是一个永远处于最高水平的俱乐部,不败是我们的DNA,是我们的历史,我们面对越是强大的随手,我们越是能够打出精彩的表现,明天的比赛将很艰难,但是我们会继续自己的精彩表现。

  • Comment Link 188bet asia app Thursday, 07 February 2019 06:37 posted by 188bet asia app

    今天比赛尤文图斯踢得很好,但是我们也怕拼到了最后,如果综合两回合的比赛来看,我们配得上晋级四强。

  • Comment Link xf187鍏村彂瀹樼綉 Thursday, 07 February 2019 06:32 posted by xf187鍏村彂瀹樼綉

    今天我们配得上获得更多,未能获胜是一种遗憾,因为皇马有很多的机会,但皮球不进网。

  • Comment Link 鍏村彂 - 鐧诲綍 Thursday, 07 February 2019 06:17 posted by 鍏村彂 - 鐧诲綍

    与海因克斯交手:我觉得比起上一次执教,海因克斯先生有很多的变化,但是他依然干得很好,我对于他充满了尊敬,他在拜仁和皇马的成绩毋庸置疑,令我充满了尊敬,对于这样的一位绅士,我只有赞扬的话语,这将是一场很精彩的比赛,我们喜欢这样的比赛。

  • Comment Link yabo sport Thursday, 07 February 2019 05:59 posted by yabo sport

    (编辑:土生瑞穗)虎扑4月12日讯皇马主帅齐达内在与尤文图斯的比赛结束后评价了这场比赛:第一个进球给了尤文图斯希望,随后他们贯彻了比赛的策略,我们则失去了对比赛的控制。

Leave a comment

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