Resolution of the Polish Judges Association "Iustitia" National Board on August 21, 2019, - publication of The Onet.pl portal

Resolution of the Polish Judges Association "Iustitia" National Board on August 21, 2019, 

In reaction to the publications of the Onet.pl portal regarding the former Deputy Minister of Justice Łukasz Piebiak and his associate, Judge Jakub Iwaniec coordination of the organized hate action against judges, the Polish Judges Association "Iustitia" on behalf of Polish judges is demanding the prosecutor's office, other law enforcement authorities and the legislative and the executive powers the situation to be clarified. 

For over two years, representatives of the judicial power, in particular members of the "Iustitia" Association, have been the object of massive propaganda attacks aimed at discrediting judges as a professional group, starting from the so-called billboard campaign, through statements of the Prime Minister of Poland, to the activity of anonymous Twitter accounts. Judges are harassed because of disciplinary proceedings initiated centrally by the disciplinary spokesman of judiciary and his deputies, who were appointed by the Minister of Justice. Public announcing of these proceedings is another method of discrediting judges in the public. 

The disclosure revealed by Onet.pl that the hateful activity on Twitter against judges, combined with distributing of the confidential data, was coordinated by Deputy Minister of Justice Łukasz Piebiak, who was in charge within the department for the so-called reform of the judiciary makes it legitimate to suppose that this activity was intended to discredit judges in order to justify the need for unconstitutional subordination of the judiciary to the will of political power. Such activity is unprecedented and does not fall within any standards of the rule of law. We are convinced that a much larger group of people could have participated in the action of discrediting of judges than is apparent from Onet's previous publications. The dismissal of Deputy Minister Piebiak does not end the case, as it is not known who the "boss" he was referring to in the disclosed correspondence was. 

Since the body calling itself the National Council of the Judiciary, again, does not speak out on the threat to the independence of the courts and judicial independence, the Association "Iustitia" has become the only entity guarding these values. 

Undermining the authority of the judiciary and harassing its representatives constitutes actions directed strictly against the interests of the Polish State and, therefore, we demand a comprehensive explanation of the case. 

We demand: 

  1. To create the investigative commission by the Sejm (Parliament) of the Republic of Poland to find persons responsible for leaking confidential information regarding judges from the Ministry of Justice, as the prosecutor's office is directly subordinated to the minister of justice, who may not be interested in clarifying this case;
  2. To forward the explanatory proceedings in the present case by the disciplinary spokesman of the common court judges Piotr Schab to the competent disciplinary spokesman, i.e. the disciplinary ombudsman at the Regional Court in Warsaw. Initiation of the proceedings directly by the disciplinary spokesman Piotr Schab in the light of the applicable legal provisions was unauthorized, moreover, in the present case there is a conflict of interest due to his personal connections with the former deputy minister Łukasz Piebiak;
  3. To find who is running the Twitter profile @kastawatch, responsible for massive hate action against judges criticizing against the so-called reform of the judiciary;
  4. The separation of the functions of the Minister of Justice from the Prosecutor General;
  5. To appoint members of the National Council of the Judiciary in a way, that is consistent with the Constitution of the Republic of Poland.

We assure you, that we will provide all necessary assistance to judges who have been hit by hate campaign. In the coming days we will submit a notification to the prosecutor's office indicating the possibility of committing crimes by the Ministry of Justice officials.