Poland’s Human Rights Defender opposes Justice Ministry’s proposed amendment to remove prison penalties for religious offense, deeming it unnecessary to comply with a 2022 ECHR judgment.
Current Law vs. Proposed Penal Code Amendment
Under existing law, publicly insulting religious feelings by defiling objects of worship or sacred spaces incurs fines, restricted freedom, or imprisonment up to 2 years. The Ministry of Justice’s draft amendment would eliminate the prison term, leaving only fines and restricted freedom as penalties.
The ministry justified the changes based on a 2022 European Court of Human Rights (ECHR) ruling in the Rabczewska v. Poland case, which found Poland violated Article 10 of the Convention by restricting free expression. The case stemmed from singer Doda’s 2012 conviction for a remark calling biblical authors “drunk and smoking herbs,” resulting in a 5,000 złoty fine.
RPO’s View: Prison Term Change Doesn’t Solve the Problem
Deputy Human Rights Defender Stanisław Trociuk, in a January 26 letter, argued the proposed changes are “not necessary” to implement the ECHR ruling. He emphasized the core issue was the conviction itself, due to flawed assessment of the act’s elements and failure to balance free speech with public interests.
According to Trociuk, Polish courts failed to fully consider the context of the singer’s statement and prove that restricting free speech was essential for interfaith harmony. He noted the ECHR did not declare the imposed fine “excessively harsh,” only that prison terms were one element of a proportionality test.
He further stated that even without prison penalties, courts could still impose hefty fines and restricted freedom, questioning if the draft achieves its goal of preventing severe sanctions.
Penal Code Amendment and Constitutional Tribunal Ruling on Religious Values
Trociuk contended that complying with the ECHR ruling requires reforming judicial and prosecutorial practices to incorporate current ECHR standards on rights protection. He warned that violating Article 10 of the Convention will persist if courts disregard Strasbourg case law.
However, the RPO acknowledged the changes align with a 2015 Constitutional Tribunal ruling, which upheld fining for religious offense as constitutional but deemed potential 2-year prison terms “excessively severe.” The Ministry of Justice stressed in January that the amendment maintains penal measures for religious offenses, adjusted for proportionality and free speech, while aligning Polish law with international standards.
