The European Court of Human Rights (ECHR) accepted a unilateral declaration by the Polish government in the case Rembak against Poland. The government acknowledged a violation of art. 3 of the European Convention on Human Rights (Convention) as a result of imposition on the applicant of the regime of “dangerous detainee” and of the violation of art. 5 § 3 of the Convention due to the unreasonable duration of the applicant’s pre-trial detention.
The European Court of Human Rights (ECHR) has accepted a unilateral declaration of the Polish government in the case Hernandez against Poland. In its declaration, the government admitted a violation of art. 5 § 3 and art. 6 § 1 of the European Convention on Human Rights (Convention) due to the excessive length of pre-trial detention and criminal proceedings against the applicant.
Last year, the Constitutional Tribunal ruled that certain provisions governing secret services’ access to telecommunication data (e.g. text messages and phone records) violate the Constitution. The Tribunal demanded that a procedure for destroying data covered by the legal professional privilege (LPP) be introduced. Nevertheless, the draft law on the competences of secret services, in its current shape, instead of protecting data covered by LPP exposes it to abuse from secret services in ongoing proceedings.