Poland’s top court struck down provisions allowing immediate psychiatric internment, citing violations of rights to fair trial and presumption of innocence.
Tribunal Ruling
The Constitutional Tribunal ruled unconstitutional a norm allowing immediate implementation of court decisions to intern suspects in psychiatric facilities, even if the decisions are not yet final. The five-member panel ruled on Wednesday, with Judge Wojciech Sych filing a dissenting opinion.
Legal Context of the Case
The case was referred to the Tribunal by a disciplinary court in Szczecin that was handling a disciplinary case against a regional court judge. The judge was accused of failing to implement a non-final decision regarding psychiatric internment, which resulted in the suspect remaining in pre-trial detention instead of a psychiatric facility.
Reasoning Behind the Unconstitutionality Finding
According to presiding judge Jakub Stelina, immediate implementation of psychiatric internment “does not constitute a measure necessary within the meaning of the constitution.” He noted that other preventive measures, such as temporary detention, can provide sufficient constitutional protection until a final decision is reached.
Violations of Constitutional Rights
The Tribunal also found the provisions incompatible with the right to a fair trial. Stelina emphasized that the right to appeal decisions in first-instance proceedings is an element of the constitutional standard of a fair, just, and open judicial procedure. The ruling also addressed the presumption of innocence and the right to effective judicial review.
Dissenting Opinion
Judge Wojciech Sych, who filed a dissenting opinion, argued that the proceedings before the Tribunal should have been dismissed due to the “inadmissibility of issuing a judgment.” He claimed that a court cannot ask the Constitutional Tribunal about the constitutionality of a norm that it could not have used as the basis for its decision.
Political Context
The article mentions a March 2024 Sejm resolution stating that implementing TK decisions made in violation of the law may be considered a breach of the principle of legality. The Sejm also claimed that two current TK judges are not legitimate. Since this resolution, TK rulings haven’t been published in the Journal of Laws. A December 2024 government resolution stated that publishing TK decisions could perpetuate a state of rule of law crisis.
