Month: February 2015

In the July judgement, ECHR ruled that in the case of CIA prisoners a series of provisions of the European Convention on the Protection of Human Rights and Fundamental Freedoms had been violated, including the prohibition of torture, right to a fair trial and the right to liberty and security of person.

ECHR also held that the Polish pre-trial proceedings had been prolonged and ineffective. ECHR finally concluded that Poland had enabled detention and torture of both applicants.

“It is the Polish state’s responsibility to execute these judgements, which will entail, among others, conducting effective pre-trial proceedings,” says advocate Mikołaj Pietrzak who represeted Al Nashiri.

For more than seven years, the prosecution has been conducting pre-trial proceedings in this case. The proceedings have recently been prolonged yet again until 11 April 2015.

According to advocate Mikołaj Pietrzak, in the current situation “we can expect from the state that the facts established in the proceedings will be disclosed, so that the society can learn which state mechanisms had failed and where are the sources of such horrendous violations of rights and freedoms in the territory of Poland.”

“In the recent years, the experiences with EAW have shown that some countries rarely apply pre-trial detention for the period of EAW’s execution, while other use detention as if by default. Unfortunately, Poland belongs to the second category,“ says advocate Mikołaj Pietrzak. “These differences constitute one of the most serious problems for practical enforcement of the principle of mutual trust between EU countries,” he adds.

Apart from EAW, the conference participants also discussed the EU member states’ progress in the implementation of EU directives on the right of access to a lawyer and the right to information.

The second part of the conference was devoted to the draft directives which are currently being prepared in the European Union concerning the presumption of innocence, legal aid and protection of children in criminal proceedings.

Source: Fair Trials International.

Among advocate Mikołaj Pietrzak’s greatest successes, the authors included winning the case regarding ritual slaughter before the Constitutional Tribunal (more information on the Constitutional Tribunal’s judgment is available here). The ranking’s authors also appreciated advocate Pietrzak’s engagement in pro bono cases conducted on behalf of Greenpeace or the Helsinki Foundation for Human Rights, as well as his work for the Human Rights Commission of the Polish Bar Council.

“Perseverance and tenacity – these two words fit his work perfectly. Another year in a row, he has been on the very top as a human rights defender. […] His role in this constant battle for the rights of individuals cannot be overestimated,” the ranking’s authors wrote in the rationale for their decision.

Congratulations, Mikołaj!