„Abuse of temporary arrest violates fundamental rights and generates huge social costs. Each of us can be harmed by a malfunctioning criminal justice system," the Warsaw Enterprise Institute alerts.
In the report “No conviction, no trial, no indictment”, experts from the Warsaw Enterprise Institute summarize how the temporary arrest in Poland works. As it turns out, it is heavily abused.
Disturbing statistics
During the period from 2009 to 2015 There was a significant decrease in the number of people in detention — in 2009 the number was 9460, a 2015 – 4160. The downward trend has not sustained. End 2021 The temporary detainees were already 11,908 people.
The number of persons temporarily arrested in relation to the convicts increases. In 2015 have been convicted 65,664 persons who have been arrested in criminal detention — 4,162 persons. In 2021 convicted 61,648 persons and temporarily arrested – until 8,707 people. In 2021 in Poland there were over two twice as many as 2015
For years, the effectiveness of prosecutorial applications for interim arrest has remained at ca. 90%
The number of complaints relating to temporary arrests is decreasing dramatically. In 2014 is included 716 of 5250 complaints, i.e. 13.6% All complaints. In 2021 courts leaned to 141 of 5,768 complaints raised, which is merely 2.4% general complaints.
Arrest meetings are mostly purely formal, after which they are judged 3 months of temporary arrest. During these 3 The prosecution's months should gather evidence, but very often nothing happens. The courts shall not verify whether the prosecutors have carried out the activities by automatically extending the period of provisional arrest for another month.
As a result, the length of temporary arrest in Poland has been a problem for years, confirmed in many judgments of the European Court of Human Rights (ECHR).
Recommendations of the Warsaw Enterprise Institute.
Experts tell you how to solve the problem.
Enter legal limits for the maximum duration of the provisional arrest, as in France or the Netherlands.
Apply the gravity criterion. Temporary arrest should only be applied in cases of serious violent crime.
Treat release on bail as alleged, and detention as a necessity.
Reform the guidelines for law enforcement authorities in such a way that, at the preparatory stage, they apply non-insulating preventive measures by default.
Apply the rulings of the European Court of Human Rights, which contain a number of detailed guarantees for persons temporarily arrested.