Strategic Litigation

ECHR Intervention: Pietrzak v. Poland, Bychawska-Siniarska and Others v. Poland

Published: (Last updated: )

Fair Trials submitted an amicus brief in the case of Pietrzak v. Poland, Bychawska-Siniarska and Others v. Poland.

The case concerns the compatibility of the national legislation authorising secret surveillance by the police and intelligence services in respect of communications, and data collection about those communications, regarding the right to respect for private and family life and the right to an effective remedy.

Our written comments highlight:

  • The implications of the use of information gathered through the use of surveillance measures for fair trial rights in the event of criminal proceedings
  • The importance of robust ex-ante safeguards for surveillance measures
  • The need for robust mechanisms for ex-post review and effective remedy in accordance with Article 13 of the Convention
  • That effectiveness of judicial control requires clear and foreseeable legal framework
  • The need to include specific safeguards to protect the right to legal privilege
  • The need for systemic oversight