Politisation of police stops in Poland – causes, consequences and responses

• In Event: POL Panel 4. Stop and Search and police powers

Abstract

In the last few years one can observe that police stops became in Poland a tool used by the governing majority to control the society and suppress criticism. Mass media report numerous cases where people willing to enjoy their freedom of speech or assembly and protest against the governmental policies are being stopped or restricted from entering certain areas under the pretext of security reasons or merely the need to check their identity or if they travel by vehicles the need to inspect their technical condition. While the phenomenon is maybe not surprising in itself, it is worth analyzing its causes and whether the oversight system turned out to be effective. Therefore the aim of the presentation is threefold. First, the analysis of how police stops became a tool used by the governing majority will be conducted. Apart from political and sociological aspects, the emphasis will be placed on legal provisions governing police stops in Poland in order to outline their flaws which resulted in abusive police conduct. Second, the oversight mechanisms provided in the domestic legal system will be discussed and assessed from the perspective of their effectiveness. Particular attention will be given to the judicial oversight, which appeared crucial in remedying the shortcomings of the relevant legal provisions. Third, the consequences of abusive stops will be also analysed, to emphasise their destructive influence on the authority of the police and the rule of law. Although the general picture is not optimistic, the positive thing is that abuses of police stops provoked a firm judicial response, which despite the lacunas in the domestic legal provisions offered a relatively effective protection of citizens rights and freedoms.

Author

• Wojciech Jasiński, University of Wrocław