Biuletyn Informacji Publicznej RPO

How does the Commissioner for Human Rights and his Office work?

The Commissioner for Human Rights checks the facts presented by a complainant, but may also request another supervisory body to investigate the case;

• The Commissioner for Human Rights may examine the case right away or request the case files or information about the status of the case to be delivered by any institution concerned;

Having examined the case and confirmed that human and citizen rights or freedoms have been infringed, the Commissioner for Human Rights refers the request to the competent authority, organisation or institution whose actions led to the infringement, or to a superior authority to ensure redress for the infringement, and monitors implementation of the recommended actions;

• The Comissioner may lodge a last resort appeal with the Supreme Court in a penal case ; The last resort appeal must be based on a statement that the law has been seriously infringed by the court; last resort appeal in a penal case cannot be lodged solely due to disproportionate punishment;
• The Commissioner may participate in constitutional complaint proceedings before the Constitutional Tribunal;
• The Commissioner for Human Rights may also exercise other powers laid down in the Commissioner for Human Rights Act.

The Commissioner for Human Rights decides about selecting and implementing a particular legal measure solely on the basis on his own evaluation of the case. The Commissioner is not bound by the Code of Administrative Procedure to meet the time limits of case examination. No measure of appeal is available, if the Commissioner decides to reject a request.