Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
Forcible return of asylum seekers
On 2 March AI wrote to the Office for
Repatriation and Foreigners in Warsaw
regarding a Chechen citizen of the Russian
Federation and her family members,
applying for asylum in Poland. AI expressed
concern that were they to be forcibly
returned to the Russia they would be at a
high risk of torture and other ill-treatment,
and that therefore their forcible return
would be in breach of the principle of nonrefoulement. It was reported that the
woman's son died in detention in Russia as
a result of torture, and that she has faced
threats because of her efforts to seek
justice in Russia and at the Council of
Europe. This case was one highlighted by AI
in its report Russia/Chechen Republic:
"Normalization" in whose eyes (AI Index
EUR/46/027/2004). The asylum claim was
rejected in April, but at the time of writing
the forcible return had not taken place.
Lustration law
Under the new Lustration Law passed in
February (which supersedes the earlier, and
less extensive, 1998 law) everyone born
before 1972 in “public positions” 5 would
have to make a declaration as to whether
they co-operated with state security organs
of the Polish People’s Republic from 1944 to
1990. This declaration would then be
verified by the Institute of National
Remembrance (INR). Where there were any
doubts as to the truth of the declaration,
court proceedings could be brought in the
5
Defined by the law as judges, lawyers,
tax advisors, certified accountants, court
enforcement officers, journalists, diplomats,
municipal officials, university teachers,
heads of public and private educational
institutions, heads of state controlled
companies, and members of the
management and supervisory boards of
companies listed on the stock exchange
are included.
Amnesty International
87
Lustration Court (Warsaw Court of Appeal),
which could result in the person losing his
or her job. A refusal to submit a declaration
could also result in losing one’s job for up
to 10 years. The law was estimated to
apply to about 700,000 people.
The new law on lustration was examined by
the Constitutional Court, after a motion
against it was brought by the Democratic
Left
Alliance
(Sojusz
Lewicy
Demokratycznej) party. The court decided
on 11 May that the law was partially
unconstitutional and ruled that the law
would have applied collectively to entire
groups of people considered to be "people
filling public functions". The court also ruled
that vetting would have to be carried out on
a case-by-case basis. Among the clauses
rejected by the court were those which
would have required journalists, managers
of listed state-owned firms, and principals
of private schools to submit declarations
stating whether they had collaborated with
the communist-era secret police. The court
also said it was unconstitutional to have
allowed the names of all former "informal
collaborators" with the communist secret
police to be published on the Internet.
The ruling was not welcomed by the
government. On 14 May the Prime Minister
made accusations “that the Constitutional
Court is anti-vetting and its members are
part
of
the
conspiracy
of
former
communists who have too strong an
influence on society and business.” As
response to the ruling, he called for a new
law which would open secret service files on
Polish citizens to the public.
PORTUGAL
Police ill-treatment and shootings
On 16 January a policeman who shot and
killed a man in Porto in 2002 was sentenced
to a 720 euro fine for negligent homicide.
After firing a shot into the air when
attempting to detain the suspect (driving a
stolen car) the officer did not secure his
gun properly. It went off and killed the
man while he was being restrained. The
AI Index: EUR 01/010/2007
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