Соответствующая норма
Poland
Practice Relating to Rule 100. Fair Trial Guarantees
Section A. General
Poland’s Constitution (1997) states: “Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.”
Poland, Constitution, 1997, Article 45(1).
Poland’s Penal Code (1997) provides for the punishment of “any person who, in violation of international law, deprives persons hors de combat, protected persons and persons enjoying international protection of their right to a fair and impartial trial”.
Poland, Penal Code, 1997, Article 124.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
Pursuant to article 45 paragraph 1 of the Constitution of the Republic of Poland “Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court”. This norm is supplemented with the provision under article 77 paragraph 2 of the Constitution, stipulating that laws shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of rights.
Poland, Fifth periodic report to the Human Rights Committee, UN Doc. CCPR/C/POL/2004/5, 26 January 2004, § 264.
