Agnieszka Wądołowska: “Poland in 2020 is a completely different country than it was in 2015,” you said in the Senate in a statement summarising your term as commissioner for human rights. “Poland is no longer a constitutional democracy”, but a state of “electoral authoritarianism” and a “hybrid democracy”. What do you think we have lost in those five years? [...]
For example, with the [ruling] Law and Justice party’s anti-refugee advert, it was impossible to hold anybody who produced it accountable. The prosecutor’s office discontinued the proceedings. And the matter of the antisemitic post of a member of the National Council of the Judiciary will probably not be ruled upon, because the statute of limitations will apply in a few weeks’ time. Even though the case has been known about for years. There are many such examples. [...]
In many cases, the hardest thing is the fact that the changes stop me from helping people as I would like to. Every commissioner used to be able to take a case to the Constitutional Tribunal. Now I must make a rational judgement on whether that might not make the situation worse – because, for example, the Constitutional Tribunal legitimising a given law can make the work of the courts difficult, as they can always directly apply the constitution. [...]
There is one more thing to mention. What is happening is, in my view, a repercussion of the presidential campaign and the fact that the subject of LGBT became an electoral fuel used to heat up the atmosphere and take votes away from the [far-right] Confederation party. A moment ago, we had the Istanbul Convention on the table, now it’s LGBT rights – this all seems to me to be a political game. And I find this regrettable because one should not play with human rights. This is of course connected to a very real, concrete threat to the people who become victims of this situation.
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