6.The State party should provide the necessary resources to the Office of the Commissioner to ensure that it can effectively and independently implement its mandate in full.

Constitutional and legal framework within which the Covenant is implemented

7.The Committee is concerned about the negative impact of legislative reforms, including the amendments to the Law on the Constitutional Tribunal of November and December 2015 and July 2016, and the disregard of the judgements of the Constitutional Tribunal; the functioning and independence of the Tribunal and the implementation of the Covenant. The Committee is also concerned about the refusal of the Prime Minister to publish in the Journal of Laws the judgements of March and August 2016 of the Tribunal and efforts of the government to change the Tribunal’s composition in ways which the Tribunal has regarded as unconstitutional, and about the legal proceedings initiated against the President of the Tribunal for alleged abuse of power. (arts. 2 and 14)

8.The State party should ensure respect for and protection of the integrity and independence of the Constitutional Tribunal and its judges and ensure the implementation of all its judgements. The Committee urges the State party to immediately publish officially all the judgments of the Tribunal; refrain from introducing measures that obstruct its effective functioning and ensure a transparent and impartial process for the appointment of its members and security of tenure, which meets all requirements of legality under domestic and international law.

Counter-terrorism measures

9.The Committee is concerned that article 115 of the Penal Code continues to provide a definition of a terrorist crime that is overly broad and does not adequately define the nature and consequences of the acts. The Committee is also concerned that the Counterterrorism Law of June 2016 and its Regulation of July 2016 provide a definition of “terrorist incidents” that is broad and imprecise. (arts. 14, 17 and 21)