Adam Bodnar

Cases
Location of case in SG report
2019-089-001
Relevant SG report
Year of the report
2019
Country Geolocation

Latitude: 51.919438

Longitude: 19.145136

Country Geolocation (linked Cases)
Poland
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
5 March 2019
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

Commissioner on Human Rights

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant, member of the security forces or of the judiciary?
No
Reported trigger of reprisal

collaboration with international bodies; In October 2016, Mr. Bodnar presented an alternative report to the Human Rights Committee in Geneva during its review of Poland. In its concluding observations (CCPR/C/POL/CO/7), the Committee addressed points raised by Mr. Bodnar

Engagement with UN body
  • UN Treaty Bodies: HRC
  • Unclear
Dates of engagement
October 2016
Type of attempted engagement
  • Participation in meeting on UN premises
  • Unclear
Dates of mentioned reprisals
since 2016; September 2017; 11 February 2019
Reprisal information

have been continually subject to acts of intimidation and reprisals in connection to their work; In September 2017, an unsuccessful motion for dismissal of Mr. Bodnar was put forward by two Members of Parliament invoking Mr. Bodnar’s collaboration with international bodies; was subsequently accused in the media of having influence over the Committee’s observations, including contacting them in advance. A public official accused Mr. Bodnar of a lack of objectivity, which could have constituted breaking his oath as Commissioner; civil lawsuit against Mr. Bodnar by the public broadcaster, Telewizja Polska SA (TVP), in relation to advocacy against hate speech (POL 1/2019).

Types of reprisals suffered
  • Defamation / Defamation campaign
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
Both state and non-state actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
17 April 2019
Government response content

The Government responded on 17 April 2019, detailing the circumstances of immunity of the Commissioner in Poland and providing an update on the status of the case

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
1
In which SG report was this case followed up on? 0
2020
Follow up information provided in SG report 0
  1. The case of Mr. Adam Bodnar, Poland’s Commissioner on Human Rights (ombudsperson), was included in the 2019 report of the Secretary-General on allegations of public stigmatization and attempts to remove him from office related to his cooperation with the Human Rights Committee (A/HRC/42/30, Annex I, paras. 89–90). In August 2019, the Committee against Torture expressed concern that Mr. Bodnar was reportedly called upon to resign by one of the Deputy Ministers of Justice on 24 July 2019, the day after the consideration of the seventh periodic report of Poland, which the Committee reviewed at its 67th session. The Office of Poland’s Commissioner for Human Rights had provided an alternative report that was posted on the session’s web page. 65 The Committee expressed concern that the call for resignation may amount to reprisals against Mr. Bodnar, which would “constitute interference by the Executive in the functions of an institution established by the Legislature” (CAT/C/POL/CO/7, para 23 (c), (d)).
Followup Trends 0
Deterioration/further reprisals
Did the government respond? 0
No
Was this case followed up by a UN body? 0
  • UN Treaty Bodies: CAT