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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1501/H46-24 |
13 June 2024 |
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1501st meeting, 11-13 June 2024 (DH)
H46-24 Kuchta and Mętel group v. Poland (Application No. 76813/16) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this group of cases concerns the excessive use of force by the police and ineffective investigation in the circumstances of these incidents;
As regards individual measures
2. noted with interest the information that the resumed investigation concerning allegations of the applicants in the case of Kuchta and Mętel was assigned to a prosecutor from a different district to ensure impartiality; regretted however that the information provided by the authorities on the resumed investigation and its discontinuation is insufficient to assess whether they had taken all possible steps to clarify the questions raised in the judgment by the European Court and invited them to provide their assessment in this respect;
3. invited the authorities to clarify this issue and also whether the decision which discontinued the reopened investigation has become final in respect of the second applicant in the Kuchta and Mętel case, and whether any of the applicants have challenged this decision before a domestic court; invited further the authorities to provide information on the individual measures in the Skorupa case;
As regards general measures
4. called on the Polish authorities to redouble their efforts to combat ill-treatment by the police; called on them in this context to transmit a firm message from highest-level authorities tothe police officers throughout the country that all forms of ill‑treatment are unlawful and will be punished accordingly;
5. stressed also the importance of initial and continuing training of police officers for the preventing and minimising the use of force at the time of apprehension and during detention and invited the authorities to confirm that all police officers receive such training on regular basis; noted with interest the information on the use of body cameras during apprehension and invited the authorities to submit updated information on this issue and on whether interviews of apprehended persons are recorded;
6. called on the authorities to provide information on measures to improve the implementation of safeguards against the police ill-treatment, in line with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, concerning proper and timely notification of apprehension and proper and timely access to a doctor and a lawyer from the moment of the apprehension;
7. called on the authorities to provide additional information on the implementation in practice of the guidelines of the Prosecutor General of June 2014 concerning investigations into alleged torture and
ill-treatment by police and other law enforcement officers; invited them to provide statistical data on the number of complaints concerning ill-treatment by the police, the number of initiated criminal and disciplinary proceedings and the number and types of decisions terminating these proceedings;
8. invited the authorities to submit to the Committee the information on all the above questions by the end of 2024.