Practice Relating to Rule 99. Deprivation of Liberty
Poland’s Constitution (1997) states:
1. Personal inviolability and security shall be ensured to everyone. Any deprivation or limitation of liberty may be imposed only in accordance with principles and under procedures specified by statute.
2. Anyone deprived of liberty, except by sentence of a court, shall have the right to appeal to a court for immediate decision upon the lawfulness of such deprivation. Any deprivation of liberty shall be immediately made known to the family of, or a person indicated by, the person deprived of liberty.
3. Every detained person shall be informed, immediately and in a manner comprehensible to him, of the reasons for such detention. The person shall, within 48 hours of detention, be given over to a court for consideration of the case. The detained person shall be set free unless a warrant of temporary arrest issued by a court, along with specification of the charges laid, has been served on him within 24 hours of the time of being given over to the court’s disposal.
4. Anyone deprived of liberty shall be treated in a humane manner.
5. Anyone who has been unlawfully deprived of liberty shall have a right to compensation.
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 liberty.
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
According to the Constitution as well as pursuant to articles 189–193 of the Penal Code, a person’s liberty is legally protected. Each person is guaranteed personal inviolability and personal liberty. Deprivation or restriction of liberty may occur only according to principles and in a course of action defined in a law.
Code of Criminal Procedure
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated: “The arrested person should be handed over to the court within 48 hours of his arrest”.