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Description
Over the past 12 months there has been a breakdown in Poland’s adherence to the right of public hearing of court proceedings. The Court Watch Polska Foundation and the Helsinki Foundation for Human Rights’ own research brings the evidence that mentioned restrictions have effected three-quarters of the courts in Poland.These measures hinder or prevent NGOs, civic organizations and movements from carrying out their statutory activities (e.g. monitoring proceedings, providing support to parties), as well as lowering the standard of court proceedings in which they or their representatives take part. The restrictions also have no statutory basis and contradict the principles expressed in the Polish Constitution, the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights (OHCHR).The aim of the project is to counteract the above problems by monitoring the creation and application the regulation of the right to the public hearing before a court, through advocacy (to protect against adverse changes to the law) and promotion of the right to a public trial among organizations and citizens.The outcomes of the project will be: lower chance of entering into force of regulations limiting the openness of courts during and after the pandemic, smaller scale of formal and informal restrictions on activists to access the courts, greater public awareness and scale of civic control over proceedings; higher level of security of civic org. & activists.The project will produce: 2 monitoring reports presented at 2 hybrid conferences in Warsaw (2022 and 2023) for representatives of the NGO sector and civic movements, judges and court employees, politicians and journalists, 5 mini-reportages, radio spots, a register of irregularities, an informal coalition of NGOs and civic movements promoting the right to court proceedings being public, a series of webinars.
Summary of project results
Following the declaration of a state of epidemic in Poland, significant restrictions were imposed on public access to court hearings, affecting three-quarters of all courts. This resulted in a serious breach of the principle of transparency in judicial proceedings. For non-governmental organizations (NGOs) and civic movements, these measures created significant barriers to fulfilling their missions, such as monitoring court proceedings or supporting parties involved. These changes not only lowered the standards of ongoing trials but also hampered the ability of civil society to effectively represent public interests in the judiciary. The imposed restrictions lacked a legal basis and stood in violation of the Polish Constitution and international legal frameworks, including the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
The Court Watch Polska Foundation (FCWP) implemented a series of measures aimed at defending the right to transparent and public judicial proceedings. By engaging NGOs, the general public, and key stakeholders such as judges, journalists, and social activists, the foundation sought to counteract restrictions that could permanently undermine the transparency of the Polish judiciary.
The activities undertaken within the project were broad in scope. FCWP monitored legislative processes and regulations issued by court presidents, resulting in an effective advocacy campaign. These efforts led to the adoption of an amendment to the law, ensuring public access, including for journalists and trusted individuals, to remote hearings in civil cases. The foundation also carried out ongoing interventions in response to reported violations, highlighting the practical and immediate impact of their actions.
Another vital component of the project was engaging society through the production and distribution of a series of mini-reportages showcasing the work of NGOs. These aimed to educate the public and raise awareness about the importance of judicial transparency. Two comprehensive monitoring reports were published, and two conferences were organized, providing a platform for experience-sharing and planning future actions.
A coalition of 19 NGOs and media organizations was formed, united in their efforts to advocate for transparency in judicial proceedings. Two monitoring cycles were conducted, 18 media publications were released, 17 interventions were carried out, and proposed regulations limiting judicial transparency were effectively blocked. Through a public awareness campaign and innovative formats such as a 13-episode court vlog, the project successfully enhanced societal awareness of the importance of an open judiciary.
The project concluded successfully, solidifying the principle of public access to court proceedings. Without the more than two years of intensive advocacy, educational, and communication efforts, the threat of permanently restricted public access to the courts could have become a reality. Thanks to the dedication of FCWP and its partners, civil society continues to act as a watchdog of justice, ensuring participation in and monitoring of judicial processes.