International Human Rights Laws in Poland
Added on 2020-03-01
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Running head: INTERNATIONAL HUMAN RIGHTS LAWInternational Human Rights LAWName of the StudentName of the UniversityAuthor Note
1INTERNATIONAL HUMAN RIGHTS LAWTable of ContentsRight to liberty and security............................................................................................................2Right to fair trial..............................................................................................................................4Failure of the polish authorities to prevent risk of ill-treatment in case of deportation..................6Violation of Right to respect for Private and Family Life...............................................................9Reference list.................................................................................................................................14
2INTERNATIONAL HUMAN RIGHTS LAWEuropean Court of Human Rights AdviceAccording to the statements of facts, the following substantial issues may arise amounting toviolations of the European Convention on Human Rights (‘the Convention’):1)Applicant’s right to liberty and security (Article 5)2)Violation of right to fair trial (Article 6)3)The failure of the polish authorities to prevent the applicant from the risk of ill-treatmentin case of deportation (Article 3 and 5)4)Violation of right to respect for private and family life (Article 8)The European Convention on Human Rights (ECHR) is an international treaty that aims atsafeguarding fundamental freedoms and human rights in Europe. Any nationals of the state partyto the Convention may approach the European Court of Human Rights in case there is aninfringement of the rights of the individuals under the ECHR Convention. The judgmentsdelivered by the court have a binding effect upon the concerned States and they are understatutory obligation to act in compliance with such judgments1. Right to liberty and securityThe applicant, Humza has been subject to arrest under the Counter Terrorism Act but hasnot been presented before the judge and any authorized person conferred with the power ofexercising judicial powers within a reasonable time that commences from the time of arrests. It isa clear violation of Article 5 of the Convention and the advice shall deal with the primary1Andenas, Mads, Eirik Bjorge, and Andreas Føllesdal. "National implementation of ECHR Rights."Constituting Europe: the European Court of Human Rights in a National, European, and Global Context(2013).
3INTERNATIONAL HUMAN RIGHTS LAWviolation Article 5 and then examine any potential secondary violations of Articles 7 of theConvention.Article 5The failure to present Hamza immediately before the judge has violated article 5(f) ofthe Convention, which required the authorities to bring any person who has been lawfullydetained on the ground that action is being taken for deportation or extradition. Hamza was waiting for the determination of his refugee status with the Polishgovernment but he was under surveillance by ISA and was arrested under the Counter-Terrorism Act and detained for 14 days without charge under the criminal procedure statute ofthe country. In the absence of any precise definition of the term ‘act of terrorist nature’ the Polishauthorities relied on the related legislations that states any person in private contact with amember if a Polish intelligence agency shall be said to have been involved in an act of terroristnature. Further, after the completion of the 14 days detention, the government applied forcontinued detention and the interior Minister permitted 3 months detention as Hamza wasdeemed to pose a threat to the national security of the country. General principlesThe ECtHR is not bound by the opinion of the domestic authorities while determining thedeprivation of liberty, thus, violating Article 5 of the Convention2. Although the domesticgovernment stated that there is evidence Hamza had accessed an online forum for discussing2Lavrysen, Laurens. "Protection by the law: the positive obligation to develop a legal framework to adequately protect ECHR rights."Human Rights and Civil Liberties in the 21st Century. Springer Netherlands, 2014. 69-129.
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