Barring of Claims Pertaining to Selected Communist Crimes in the Light of the Prohibition on Torture

Abstract

The question of communist crimes, especially the failure to police and investigate them, deserves constitutional scrutiny. A survey of arguments presented hitherto in academic literature on the subject appears to point towards finding those actions incompatible with the constitution, particularly through the prism of the principles of democratic state ruled by law and the right to a fair trial. This article, by casting light on another aspect of the crimes committed by public officials of the Polish People’s Republic, tender san additional catalyst to examine the problem in question. For it is unacceptable for a state, and contrary to the Polish Constitution and international law, not to provide a basic, justice-based claim to those who suffered harm during the previous regime. This is all the more convincing since investigating and policing those crimes in that time was practically impossible, and the acts committed often took the shape of torture or inhumane, cruel and degrading treatment