Ombudsman Adam Bodnar has referred Poland’s recently adopted anti-terror law to the Constitutional Tribunal, claiming multiple infringements of the constitution.
Bodnar says that nine clauses in the new legislation infringe the country’s constitution, alongside the EU’s Charter of Fundamental Rights and the European Convention on Human Rights.
The conservative Law and Justice government has said the new measures will increase the efficiency of Polish anti-terrorist operations and improve coordination between security services. But the law has been criticized by opposition politicians and human rights organizations, who called on President Andrzej Duda not to sign it, claiming the new rules will limit citizens’ rights.
The ombudsman’s 100-page complaint referred to the tribunal argues that the new law violates the right to privacy and freedom of communication. According to Bodnar, the new regulations are unclear as to the grounds for accumulating data on individuals, arresting civilians, banning demonstrations or disconnecting citizens from the internet. Another clause questioned by the ombudsman is one allowing for investigative operations to be carried out on non-Polish nationals without a court’s permission.
In an official response to the ombudsman, Anna Surówka-Pasek, undersecretary of state at the presidential office, wrote: “As a consequence of an undisputable threat of international terrorism, the improvement of Poland’s security through increasing the efficiency of public administration bodies has become indispensable, which is why the president of Poland has signed the bill.”
The ombudsman’s statement, meanwhile, reads: “Although the bill was motivated by a good cause – setting regulations in order and boosting domestic security – [the document] lacks precision and detail, giving special services free rein and unchecked power.” The anti-terror bill was adopted by Parliament on 10 June and signed into law by President Andrzej Duda on 22 June.
