BackTogether with ENNHRI, Equinet, GANHRI, OHCHR Europe and RPO, the IOI publishes a joint statement in support of Dr. Adam Bodnar, the Polish Commissioner for Human Rights, as he is currently facing severe backlash from some politicians and segments of the media for speaking up on behalf of the National Prevention Mechanism (NPM) on an individual case.
The Polish Commissioner for Human Rights has received serious threats and been subjected to hate speech, including through online smear campaigns, for publicly defending the universal right to a fair trial and the prohibition from inhumane and degrading treatment.
The work of the RPO in this case falls squarely within its mandate as an NHRI and must be protected. Moreover, the RPO was designated the task of NPM under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by the parliament , through amending the Law of 15 July 1987 on the RPO.
The undersigned organisations highlight that under the UN Paris Principles, adopted by the UN General Assembly, NHRIs must be granted a broad mandate to promote and protect human rights. This includes the ability to take a position on current events related to human rights, including through public speeches. Furthermore, as Poland has ratified the OPCAT, the RPO has a direct duty to “make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty” (Art. 19 b).
The UN General Assembly and the UN Human Rights Council have consistently emphasised that “national human rights institutions and their respective members and staff should not face any form of reprisal or intimidation, (…) as a result of activities undertaken in accordance with their respective mandates, including when taking up individual cases or when reporting on serious or systematic violations in their countries”.
According to the Venice Principles, States shall not only refrain from taking any action aiming at or resulting in the suppression of the Ombudsman Institution or in any hurdles to its effective functioning, but shall also “effectively protect it from any such threats”.
Recommendations
The undersigned organisations call upon all organs of the Republic of Poland to act in line with their State’s long-standing international commitments by applying their powers to protect the RPO, including its staff.
The Joint Statement of the Council of Europe, ENNHRI, ODIHR and UN OHCHR in support of the Polish Human Rights Commissioner, released in March 2016, has also been reiterated. On that occasion, the parties had expressed that “there is a broad consensus which recognises the benefits of Poland having an institution of this standing, which enjoys independence and functional immunity and which is therefore able to act impartially to safeguard the rights of individuals”.
In November 2017, the RPO was re-accredited with A-status, as being in full compliance with the Paris Principles. The RPO has been operating with a strong commitment to independence in a very adverse environment. According to the undersigned organisations Poland should be very proud of having such an independent institution safeguarding human rights and equality for everybody.
With the Joint Statement ENNHRI, Equinet, GANHRI, OHCHR Europe, RPO and the IOI want to demonstrate that they stand in solidarity with the Polish Commissioner for Human Rights and his office and furthermore stressed that a strong, effective and independent NHRI, in compliance with the Paris Principles, is a key element for the promotion and protection of human rights and equality in Poland and in Europe.
