No possibility for a close person, as defined by the Criminal Code, to appeal against a public prosecutor’s decision declining the said person’s request for telephone contact with a pretrial detainee SK 32/19
Ref. No. SK 32/19
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 22 June 2022
The Constitutional Tribunal, composed of:
Zbigniew Jędrzejewski – Presiding Judge
Wojciech Sych – Judge Rapporteur
having considered, at a sitting in camera on 22 June 2022 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Ms A.R.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
“Article 217c(4) of the Executive Penal Code of 6 June 1997 (Journal of Laws – Dz. U. of 1997 No. 90, item 557 as amended) […], insofar as it does not provide for the possibility for a person – with whom a pretrial detainee wants to be able to communicate via telephone and who is the detainee’s close person, as defined by the Criminal Code – to appeal against a decision declining the use of a telephone and insofar as it grants such a right to a pretrial detainee”, with Article 2 and Article 78 in conjunction with Article 31(3) of the Constitution
adjudicates as follows:
Article 217c(4) of the Executive Penal Code of 6 June 1997 (Journal of Laws – Dz. U. of 2021, item 53, as amended) – insofar as it does not grant the right to appeal a public-prosecutor’s decision declining a request to use a telephone by a pretrial detainee’s closest person who requested telephone contact with the detainee – is consistent with Article 78 in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Zbigniew Jędrzejewski (dissenting opinion)
Andrzej Zielonacki (dissenting opinion)