"Concerned" Council of Europe Ombudsman writes to Poland's foreign minister

Poland's Commissioner for Human Rights, in accordance with the law, carries out duties until a new ombudsman has been appointed. Currently, this position is being fulfilled by Adam Bodnar, even though his term ended on September 9.

In mid-September, lawmakers from the ruling Law and Justice party asked the Constitutional Tribunal to examine the provision allowing the Human Rights Commissioner to remain in office after their term has ended and no replacement has been selected. The tribunal was supposed to examine the motion on October 20, but the session has been postponed due to one of the judges falling ill.

Delay in appointing a new Commissioner for Human Rights "may hamper the continuity and effective functioning of this important constitutional body" - Council of Europe Commissioner for Human Rights Dunja Mijatovic wrote in a letter to Poland's Minister of Foreign Affairs Zbigniew Rau. "Taken together, the constitutional challenge and the delays in the process of selecting a new Ombuds have created a serious risk that the Polish Ombudsman institution may be left without a head of institution for an unknown period of time" - the letter reads.

"It is crucially important first and foremost for Polish citizens but also for Poland's international partners, including the Council of Europe, to be able to count on the expertise of an independent and effective Ombudsman institution fully compliant with international standards, including the Paris Principles and the Venice Principles" - stressed the author of the letter.

"I sincerely hope that all efforts will be made to identify and elect a successor to the current office holder without undue delay and in a spirit of cooperation" - wrote the Council of Europe Ombudsman. Mijatovic also stressed that "the person selected should be a candidate with relevant professional expertise and high moral authority and integrity, while the election should be public, transparent, objective and merit-based".

"I would welcome any information that you may be able to provide about how the Polish authorities intend to ensure that the independence and continuity of the Ombudsman institution remain fully protected, particularly in the event that the Constitutional Tribunal finds the aforementioned provision to be unconstitutional" - the commissioner added.

READ THE FULL LETTER HERE

The vote on the sole candidacy of attorney Zuzanna Rudzińska-Bluszcz was scheduled to take place on Thursday.

Rudzińska-Bluszcz enjoys support of many NGOs, and in August she received backing from Civic Coalition and The Left parliamentary groups.

In early October, the Sejm Justice and Human Rights Committee issued a negative opinion regarding Rudzińska-Bluszcz bid to become the Commissioner for Human Rights. The first vote on her candidacy took place on September 17. At the time the committee rejected her bid, but the vote was later nullified.