Tag Archives: ECHR

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Why some important details and abnormalities in Martha’s case are still missing on websites?

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Why?
There are few reasons and they are equally important:
1. Because there are too few of us.
2. Because we don’t have enough time for everything.
3. Because websites are a support for CURRENTLY needed legal actions regarding Martha’s defense.

The websites were created late, way too late.
And in fact, they were created “just in case”.
While entering a plane to Ireland, a decision was made to create the websites.
On October 11, 2017, a day before the verdict by the Court of Appeals.
“Just in case”… in case… The Court made an unfavorable verdict.
“Just in case”… On the day of announcement of the verdict in Ireland, in Poland a reportage of “TVN Uwaga” program was aired. Only thing that could change is a comment, depending on the verdict of the Court of Appeals.
“Just in case”…
Did we “open the door to disaster”?
Or maybe we have foreseen, that when there is such media campaign in Ireland against Martha, then nothing good can come out of this?
That there will be no way to talk about any justice?

The websites are a support for currently needed legal actions.
Those legal actions are various, on various stages.
1. Martha’s Case in the Central Court – AT THAT TIME all details regarding Martha’s case were needed – unfortunately, the websites didn’t run.
2. The Court of Appeals – analyzed only the procedural errors of the Central Court (the websites were started on the day of verdict announcement – again too late).
3. Supreme Court – complaint of constitutional nature
4. European Court of Human Rights – violation of human rights

The case can be resubmitted to the Court in Ireland if NEW FACT are to appear, NEW FACTS in the case.

So at the current stage, nobody in Ireland seem to care what really happened.
But the truth is important.
For the family of the deceased.
For plenty of people.
We don’t just want to satisfy curiosity.
The websites will run, and all the details of the tragedy will be published.

HERDA vs. IRELAND – The attorney sends an appeal to ECHR

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On Monday, November 12, Martha’s current attorney – Frank Gearty, sent an appeal to the ECHR.
To the application signed by Martha, the attorney attached all the documentation confirming the arguments raised.
Whole package was sent to Strasbourg.

The deadline for submitting an apllication expires on November 20, 2018.

What will the decision of European Court be?
Will it support Martha’s opinion, that her human rights were violated in Ireland?
Will the arguments presented prove to be sufficient?

All we can do is wait…
…and have hope…
We are very happy that an International Court will look into Martha’s case.
International Court in Strasbourg.

No matter the verdict…
…SHAME ON YOU IRELAND!…
…so that the poor girl would have to complain to the European Court…

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Visit of the solicitor, Frank Gearty – Martha signs an application to ECHR

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On Saturday, November 10, Martha was visited by her attorney, Frank Gearty.
The main goal of the visit was discussing the issues related with submitting the application to European Court of Human Rights.
Martha got acquainted with prepared application.
Martha, just as her family, agree with the application prepared by an attorney Frank Gearty.

This is probably the first document in Martha’s case that is “on the topic”.
Specific and factual.
Arguments used are convincing even for people not knowing anything about the law.
Because every human knows and understands what rights he or she has.
And feels when his or her rights, HUMAN RIGTS, were violated.

We thank to the attorney Frank Gearty for his very good work.

Martha signed the application to European Court of Human Rights.

She didn’t want to leave a copy of the document for her in prison.

Quick response of the new attorney to an attempt of destroying Martha’s car – thank you

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We thank very much to Martha’s current attorney – Frank Gearty, for very quick response to an attempt of destroying Martha’s car.
The attorney firmly turned to GARDA’s Superintendent.
He unambiguously obliged GARDA to properly secure the car.
Under no circumstances may the vehicle be destroyed, or any of important traces be erased which will be analyzed soon.
The car is a  very important evidence both in submitting the case to ECHR, and in re-submitting the case to the Court of Appeal in Ireland.

We thank very much for very quick and very firm response.

Do we praise the authorities of Dochas Centre prison in Ireland too much?

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We have recently met with the statement, that we praise the prison officers of Dochas Centre in Ireland too much.
Do we really?
Because of our “praise” some people outside the prison are not so determined to help Martha.
What for?
If she’s doing so well?

Is Martha doing well?
In no prison, even in the best one, no one can be doing well.
It’s not a desirable place to be.
Everyone who found themselves there wants to get out as fast as possible.

Do we praise the officers of Dochas Centre prison too much?
Were writing the truth.
Of course we don’t write about everything.
Some behavior of few officers we find especially shocking.
We didn’t always write about this. And when we did, it was rather toned down and it didn’t show our full indignation. Indignation about boorish behavior of these people towards Martha.
(Part of the family found some posts as to harsh. That’s where the discrepancies between sites “helpformartha.org” and the facebook fanpage “Help for Martha” come from.)
On the other hand, there are people in Dochas Centre prison, we would like to thank very much. But we don’t write about it either.
Maybe there will be time for this, when Martha will be free.
We’re very grateful already.

We also try not to write about other women serving sentences.
These sites are relations about Martha’s tragedy, not about life of women in Dochas Centre.
The women, who were unlucky to find themselves in this place, don’t want to flaunt with this.
We respect that.

We have to “balance” every word on our sites, but also we have to avoid weakening the message with “mawkish” posts.
The main difference between us and the Irish media is that we write the TRUTH and we don’t build up a sensation.
We don’t want to shock with posts or “bloated” titles.
If someone or something deserves praise, we will do it.
If it deserves condemning, we will also describe this while watching to not to harm Martha.

The officers of Dochas Centre prison in Ireland are not a party to the dispute.
Discrimination towards Martha, which takes place in this prison, will not be a main argument for the ECHR, but only an additional background.
Just like everywhere, among the officers there happen to be people exceptionally good, but also exceptionally mean.
It is also undisputable that the conditions in Dochas Centre prison are very good. Different people responsible for individual departments and the proper functioning of the prison perform very well.

This doesn’t mean that Martha should stay in this place.
In a few days 2 years will pass.
2 years of waiting for JUSTICE IN IRELAND.
How much longer?
We aske for help very much.

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Second Enormous Request – WE ASK YOU VERY MUCH for valuable advice regarding preparing the application for European Court of Human Rights

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Due to preparing of Martha’s case for submission before European Court of Human Rights in Strasbourg, WE ASK YOU VERY MUCH for help.
We ask people with experience for professional advice.
Maybe we have missed something important.

It’s no secret what arguments will be used.
It will be at least 3 main points:
1. Lack of translator in the beginning and accepting by the court of a single, unconfirmed testimony of a witness, about the words allegedly spoken by Martha.
2. Lack of a solicitor in the starting period of testimonies before GARDA.
3. … (this we don’t to reveal at this stage).

At least three main points, the rest is a background.
The background of the case is:
media campaign against Martha,
sentencing Martha by the media before the trial,
carelessness of the investigation,
the way and the length of interrogation by GARDA,
interpreting all the circumstantial evidence to the detriment of Martha,
skipping the facts that could disprove the validity of these circumstantial evidence,
discrimination on every stage.

These are our initial thoughts in case of Martha.
We will be grateful for every advice and conclusions.

We ask very much for every suggestion that can be useful during preparing the application for European Court of Human Rights.

We ensure confidentiality.
Valuable suggestions please send to the e-mail addres:
help@helpformartha.org

We thank you fro the heart for help.
We will accept any suggestion with appreciation.

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Herda vs. Ireland – Martha’s case is being prepared for European Court of Human Rights

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Due to the refusal by the Supreme Court in Ireland to handle the case, Martha’s case is being prepared for submission to the European Court of Human Rights in Strasbourg.
The Supreme Court made it’s decision on May 21, 2018.
From this day, there is a six months deadline for lodging the case before the European Court.
Martha’s case must be submitted to Strasbourg before November 21, 2018.
Martha’s family, despite the vacation time, makes consultations regarding submission of the application.
Martha’s current solicitor – Frank Gearty, is also getting acquainted with the case.
The application for the European Court of Human Rights will be prepared immediately after summer hollidays, in September.

Expected, disgraceful decision? – Irish Supreme Court doesn’t want to take up the case of Polish woman – Martha Herda

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On Monday, May 21, 2018, a disgraceful, unfavorable decision was made.
Supreme Court in Ireland decided that it doesn’t want to take up Martha’s case.
In the afternoon, the same day, the family informed Martha about this.
They wanted to tell this to Martha themselves.
Although they had only 6 minutes of phone call for this.
On this day Martha was happy and excited.
She looked at the new cell, in which she will live.
Especially on this day Martha called the family earlier.
She was passing on good news.
The second phone call that day – was the family, passing on the information… completely differen…
Martha broke down…
“There is no more hope for me…”

Earlier the family couldn’t handle the knowledge themselves…
In their naivety everyone was a little bit counting for a minimum of honesty in Ireland…
The effort of so many kind people, internet sites, so many meetings, letters to the Court, actions of Polish Embassy, Polish ministries, and…
NOTHING.

The Supreme Court doesn’t want to take Martha’s case.
Why?
We don’t know the details yet.

Martha received a paper copy of the decision of the Supreme Court on Wednesday.
On Monday evening, as of now former attorney of Martha – Thomas Honan – sent her the decision by post.
(He sent it by post, although he knew, that Dochas Centre prison doesn’t respect the European Prison Rules, and opens the correspondence from the attorney).
The decision is written in English and Martha doesn’t understand it’s content.

Could such decision be expected?
Probably yes.
“The atmosphere” unfavorable for Martha.
The judgement issued earlier by the media.
Promotions and financial bonuses for the prosecutors.
So many meaningful and important people had set up against Martha.
Why change it?
Why undermine the decision of colleagues?
For a poor Polish woman?…

Doesn’t matter, that the world is laughing…
The charge of premeditated murder?
For a driver of a car falling into the water?
No logic, no thinking…
It seems you can survive it…
Maybe it’s easier to survive the giggles of thinking world, than to admit a mistake…
It doesn’t matter, that a poor Polish girl is suffering…
Maybe she deserved it…

Martha naively expected a JUSTICE from the court.
She went to the court for JUSTICE.
The prosecution came to the court for a VERDICT.
Verdict had to be most severe for Martha.
So it will guarantee points in the effectiveness ranking, fame, promotions, money…
And that it was at the expense of a poor young girl…

Is it time that Europe will get to know the judicial system in Ireland more?
Is it time that Europe too look at the paths, with which the “thought” (the word “thought” is a great misuse here, “nonthought” fits better) of Irish prosecutors, judges, GARDA, traveled before it came out to the light in a form of such ridiculous accusation?
And such a disgraceful verdict could be repaired in an “own” backyard…
Without international shame…

Maybe there is still a chance for that…
But how many chances can be given to the Ireland?…
How long one can have good intentions, and wait until someone comes to senses…
…apologizes, fixes…

What laws regarding the prisoners Ireland has agreed to respect? – Does Dochas Centre prison in Dublin follows those rules?

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“Ireland has agreed to follow the terms of four international treaties (agreements) which lay out standards for the treatment of prisoners.
These are:

  • • the European Convention on Human Rights (ECHR);
  • • the Convention for the Prevention of Torture and Inhuman or Degrading Treatment from the Council of Europe;
  • • the International Covenant on Civil and Political Rights (ICCPR); and
  • • the United Nations Convention against Torture (CAT).

The Council of Europe’s European Prison Rules are also important. Although they are not the law, they give important guidance on high standards for prisons.”

“Know Your Rights. Your Rights as a Prisoner.” Irish Council for Civil Liberties

 

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It’s now 2-0. Will it be 3-0, and what next?

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Martha’s current situation is 0-2 result. Two spectacular losses.
Will there be a third one?
It still hasn’t been decided if t there will be a next game on the opponent’s territory.
If it comes to it, it’s going to be a fight, where the result is very important.
Previous 0-2 may not have  any meaning at the time. The result of the game will be decisive, or there can be annulment and repeat of the first encounter.
What if it will not come to this strife?
Then this will be the time to fight at home and at the same time to submit a request for a game on a neutral ground.
The game at home wouldn’t be a play to score. It would be a fight for the player. For providing him what he deserves and what he doesn’t get on enemy territory now. First of all it would be a fight for physical and mental health, recovering. Fixing everything what’s possible to fix. At the same time, an application for international arbitration will be directed to play on a neutral ground. This will be the fight for everything: for score, and for all possible penalties for ruthless opponent.
Is it time to change the coach after two losses?
Current coach is the one appointed by the opponent. Probably he isn’t even a coach of the discipline in which the fight is going, because the opponent changed the conditions of the competition.
Some say, that after first such spectacular failure, the coach should resign by himself already, and surely he shouldn’t be responsible for the second game. In some countries he even wouldn’t have the chance. Coaches were “thanked” after less culpable losses.
What are we thinking about?
About TIME.
We plan our next actions, and times goes flows and flows.
The player is being held in unfavorable, hostile surroundings. At a cost of his health, psyche. Every previous experience accumulate with current pushing around and ill-treatment.
Sooner or later, this player will be recovered.
What state will he be in?
While caring for the player, in what moment should decisions about next steps be taken?