incident as a hate crime and called on the RIGHT TO A FAIR TRIAL authorities to investigate. The government continued to target judges and prosecutors who raised concerns over 1. “Philippines: Widespread killings, rampant impunity show real state the lack of independence of the judiciary. In January, the National Prosecutor transferred of nation”, 26 July 2. Philippines: Government Review a Woefully Insufficient Response to seven prosecutors to new posts within 48 hours and hundreds of kilometres away from Victims Of “War on Drugs” (Index: ASA 35/4911/2021), 22 October 3. “Philippines: ICC launches probe in deadly “war on drugs”, seeks to their place of residence. Six of the prosecutors were members of an association end impunity”, 16 September 4. “Philippines: Brutal government crackdown against activists must defending the rule of law. NGOs criticized the end now”, 8 March transfers as punitive. 5. “Philippines: Anti-Terror Act remains dangerous and fundamentally International concern over the erosion of 1 flawed”, 9 December judicial independence continued. In March, 6. Philippines: End Attacks Against Indigenous Peoples (Index: ASA the European Commission (EC) referred 35/3677/2021), 11 February Poland to the EU Court of Justice over its 7. Philippines: Amendments to Dangerous Drugs Act an alarming 2020 law on the judiciary, which prevents kneejerk reaction to PNP-PDEA shootout”, 3 March courts in the country from submitting 8. “Philippines: Country faces health and human rights crisis one year requests to the Court of Justice for into the Covid-19 pandemic”, 26 April preliminary rulings in relation to disciplinary 9. “Philippines: Maria Ressa and Dmitry Muratov’s Nobel Peace Prize proceedings against judges. In July, the Court win is a victory for press freedom Globally”, 8 October of Justice ruled that the Disciplinary Chamber 10. Philippines: Undermining Workers’ Rights: Labour Rights Abuses in of Poland’s Supreme Court lacked the Nickel Supply Chains (Index: ASA 35/4389/2021), 26 August independence and impartiality required by EU law. POLAND In response, Poland’s Constitutional Tribunal held that such rulings were not compatible with the Constitution and asserted Republic of Poland the primacy of Polish law over EU law. In Head of state: Andrzej Duda November, the Constitutional Tribunal Head of government: Mateusz Morawiecki declared Article 6 (the right to a fair trial) of the European Convention on Human Rights The authorities continued to erode the incompatible with the Constitution. In independence of the judiciary and the December, the EC launched another European Court of Human Rights (ECtHR) infringement procedure against Poland over ruled that two of Poland’s high judicial the rulings of the Constitutional Tribunal. bodies did not meet fair trial standards. The ECtHR also ruled that Poland’s There was a further rollback of sexual and Constitutional Tribunal and the Supreme reproductive rights. Criminal charges used Court’s Disciplinary Chamber failed to meet to curtail freedom of expression were fair trial requirements. In May, in Xero Flor v dropped, or the activists acquitted. Several Poland, the ECtHR held that the actions of regional councils withdrew anti-LGBTI the legislature and the executive amounted to declarations but violations of LGBTI rights unlawful external influence in the election of continued. Border guards pushed asylum three judges of the Constitutional Tribunal in seekers back to Belarus. Poland did not 2015. In July, in Reczkowicz v Poland, the implement the ECtHR ruling regarding Abu ECtHR held that the Disciplinary Chamber Zubaydah, who remained held in the US was not an independent tribunal as detention facility in Guantánamo Bay, irregularities in the appointment of its judges Cuba. severely compromised its legitimacy. In April, the ECtHR formally requested a response from Poland about alleged Amnesty International Report 2021/22 301