Country

Poland Poland

Title

ECRI Report, published on 9 June 2015

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Year

2015

Type of publication

Report

Geographical coverage

National

Area/location of interest

Not applicable - national level

Type of Institution

Monitoring body

Institution

ECRI | European Commission against Racism and Intolerance | Council of Europe

Main Thematic Focus

Racism & xenophobia Discrimination Ethnic profiling

Target Population

Muslims Migrants Ethnic minorities People with migrant background Refugees & asylum seekers

Key findings

Poland has neither signed nor ratified Protocol No. 12 despite the recommendations to this effect contained in the 3rd and 4th ECRI reports. In its fourth report, ECRI recommended once again that the Polish authorities insert into the Criminal Code a provision that would expressly render the otivation of any ordinary offence an aggravating circumstance.
The Polish authorities consider that this would be incompatible with the philosophy of the Polish criminal law system, which is based on abstract, general rules in order to cover as many situations as possible; they say that, in any event, Polish judges are required to treat otivation as an aggravating circumstance under Article 53 of the Criminal Code, which contains sentencing guidelines. ECRI has already referred, in other 5th round reports, to studies showing that, in the absence of an express provision, judges are disinclined to take account of otivation. Moreover, such a provision would have a highly symbolic and clearly dissuasive effect.

Methodology (Qualitative/Quantitative and exact type used, questionnaires etc)

The working methods for the preparation of the reports involve documentary analyses, a visit to the country concerned, and then a confidential dialogue with the national authorities.

Sample details and representativeness

ECRI’s reports are analyses based on a great deal of information gathered from a wide variety of sources.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.