Officers miss the opportunity to increase their pension. They cannot show the periods of service that they are performing in conditions that are particularly threatening to health and life, because the case files in which they were involved are destroyed after some time. The Commissioner for Human Rights intervenes in this matter with the Chief of Staff of the Prime Minister.
Officers from the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the State Protection Service, the Customs Service and the Treasury, who performed operations and reconnaissance activities during their service, then switched to a pension offer , they have problems proving their period of service in circumstances that threaten health and life in particular. The Commissioner for Citizens’ Rights found them to result from pragmatic (or archival) regulations and the secretive nature of official activities performed (including principles of disguise).
Cases in which the parties involved are lost/destroyed after some time, making it impossible to present this period as particularly threatening to health and life. In theory, it is possible to interview witnesses in this circumstance, but often a limited group of people involved in such activities, adherence to a secrecy, plus the long passage of time means that witnesses cannot reveal or remember details of specific cases, or they are dead. Attempts to document these activities yourself may, in turn, lead to disclosure of legally protected information, and thus – the criminal liability of the person concerned.
The Commissioner for Human Rights notes that evidence confirming periods of service assigned with a higher number may be a certificate prepared on the basis of the officer’s personal files, issued by the competent authorities for services.
The officer’s personal files must contain information about the operational and reconnaissance activities that he is carrying out in circumstances that threaten his health and life in particular. The absence of such information in the files may make it difficult in the future to add to the retirement service the period in which the officer lays down his life and health in a special way – confirms the Commissioner for Human Rights Marcin Fiček in his letter to Michau Dworczyk, Chief of the Prime Minister’s Office.
In the case of secret services, the issuance of a certificate of service performed in circumstances that particularly threaten the health and life of the persons concerned is a particularly sensitive matter. In the opinion of the HRD, in such cases, information should be sent directly to the retirement authority, bypassing the employee, or, when transferred to another formation, to the human resources department – through the confidential register.
The Commissioner for Human Rights requests the Head of the Prime Minister’s Chancellery to oblige, on a continuous basis, in the personal files of officers, to document the performance of their operational and reconnaissance activities in conditions that are particularly threatening to health and life.
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