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Poland, which has been enraged by a shocking case of incest, is likely to become the first EU country to give judges the right to impose chemical castration on convicted paedophiles.
Although the plan has drawn overwhelming public support — 84 per cent of Poles approve — liberal politicians and doctors say that forced castration violates human rights and debases the medical profession.
But Donald Tusk, the Prime Minister, has responded: “I don’t think you can call such individuals — such creatures — human beings. I don’t think you can talk about human rights in such a case.”
A 45-year-old man was arrested in Poland a fortnight ago accused of fathering two children by his young daughter. The press compared it to the case of Josef Fritzl, the Austrian who kept his daughter prisoner in a cellar for two decades, sexually abusing her and creating a secret family.
The fury of the Polish Prime Minister is now being translated into law. The Health and Justice ministries are working on a draft that is likely to be presented to Cabinet next month. All the indications are that the law will be passed by parliament, where there is a majority backing punitive castration.
Britain, encouraged by promising results in Scandinavia, is to offer testosterone-reducing medication to sexual offenders before they are freed from jail. Germany has a similar scheme and connects the medication to therapy: the offender has to volunteer for both courses of treatment.
The Government of Mr Tusk — until now viewed as much more socially liberal than his predecessor, Jaroslaw Kaczynski — is determined to make the administration of libido-lowering drugs compulsory if there is a risk of repeat sexual offences.
Judges, after consulting doctors, will make it part of their sentencing.
“I want Poland to have the strictest possible legislation against criminals who rape children. It is as simple as that,” said Mr Tusk. Zbigniew Cwiakalski, the Justice Minister and main architect of the new law, argues that priorities have to be changed in dealing with crimes against children.
“Everyone talks about the rights of criminals, but what about the rights of the victims?” he asked the daily Gazeta Wyborcza, “We have the right to use measures that will protect the public.” Critics complain that such a law would violate the Constitution, which forbids cruel punishment. Others doubt that administering castration drugs will solve the problem.
“Medical treatment must serve the patient rather than the public,” said Marek Safjan, a Polish expert on medical ethics. “If not, we risk a return to the compulsory sterilisation of mentally ill patients that was carried out in Sweden as recently as the 1970s.”
Penalty spreads
— It was announced last month that convicted paedophiles were being offered chemical castration for the first time in Britain
— Bobby Jindal, the Louisiana Governor, has signed the Sex Offender Chemical Castration Bill, authorising compulsory treatment of convicted sex offenders
— Spain announced plans this month to offer chemical castration to convicted sex offenders after a judge’s negligence allowed a convicted paedophile to remain free and kill a child
— Sweden, Denmark, Canada and some US states, including California, offer voluntary castration
— Studies suggest that chemical castration can cut rates of reoffending to 5 per cent from more than 40 per cent#
Source: Times archives, State of Louisiana
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