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Poles are often sentenced by their conservative administration

Adam, secretary of the Council of Elders, Ras Tafari Community, Warszawa | 06.01.2011 09:40 | Repression | World

We are Polish Ras Tafari Family. It happened already several times, that members of our community who were found in posession of cannabis, were sentenced without any court and any proper trial. It is very typical for recent Polish judical system, that cases do not make even to the courts, and public is disinformed about human rights for an impartial judge in the court. Instead, they are judged by the member of the ultra-catholic administration.

Most of the cases that came for judical help to our organisation were disinformed by members of the Polish political administration, that serve as prosecutors and were nominated by conservative politicians. The prosecutors in Poland are part of the administration, and, according to current law on "fact-track-judical system", they may give penalties to people. There are limits to their power, but mostly they disinform or not inform the people they deal with, that they have right to be heard and judged at court.

People have only theoretical "right" to be judged in court. They are however in most of the cases that were brought to us, not informed, or even disinformed, if they happen to know little about their human rights. In general, people in Poland, if detained for whatever reason, are not informed about their rights. Therefore, I doubt in the legality of "sentences" enacted in this "extra-judical", administrative manner.

The whole processus of "fast-track-courts", that was introduced in Poland by the nationalist administration, seems to lack its constitutional base. Since ancient times, people have right to be heared and sentenced by court, and not by members of ruling administration. Prosecutors from ruling conservative administration happened mostly to disinform people about their rights. If You ask some of those who were sentenced in this manner, they were simply not told about other possibility to go to court.

And- it is not normal. Courts and impartial judiciary is normal. If people are treated differently, they should at least be informed in an unbiased way.

Not a one person that was sentenced in this "fast-track" way, was informed that if she or he disagrees with the fine proposed by the administration, her case would be heard on the agenda in the court. People are misinformed, they are told that they would pay additional costs if their cases would be solved in the court. And they are offered hefty penalties for deeds that according to the rules of Roman law were not crimes at all.

What more, ordinary people in Poland cannot ask the constitutional court to check whether legal acts enacted by parliament are consistent with the constitution. The access to the Highest Court is very restricted, and even this in my opinion contradicts any constitutional laws.

Since the times of Solidarity and Round Table, Poland drifted towards less demoratic society. Compared with the situation of public media in Netherlands, there is no freedom of speech and freedom of opinion in Poland. Minorities do not have any access to public media, that is subjected to strict political control. Wikipedia defines Polish public media in the following way:

"Poland has instituted freedom of press since the fall of communism. However, public TV and radio are still politically controlled, via a state regulatory body called Krajowa Rada Radiofonii i Telewizji (The National Radio and Television Committee), which is similar to CRTC in Canada.

It is said that both public and private media are not impartial, and used as means for political propaganda. Various irregularities have been exposed during the investigation by a special parliamentary committee into the Lew Rywin affair."

Poland is currently not listed as a democratic country under the critieria of "Democracy Index" composed by "The Economist". Life in such a country is very tough and most of my friends and members of our community - emigrated or migrated around the country. Sadly- the conservative administration restricted not only access to media, but also such prerequisities of democratic societies, as impartial and objective judiciary.

Yours faithfully,
Adam

Adam, secretary of the Council of Elders, Ras Tafari Community, Warszawa
- Homepage: http://rastuchy.ning.com

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