Statement of the National Board of the Polish Judges Association „IUSTITIA” over prof. Małgorzata Gersdorf`s the First President of the Supreme Court

In a few days the term of office of the First President of the Supreme Court Professor Małgorzata Gersdorf will end. The Supreme Court, independent and not subordinated to political influence, is one of the last national institutions supporting the trust in justice. An ordinary citizen`s trust, that there is someone able to defend his/her rights and freedoms without fearing the possible consequences.

Today, we want to make it absolutely clear, that the situation, when the omnipotent prosecutor's office manually controls the investigations and calls the First President of the Supreme Court for explanation, deprives our citizens of a sense of security. The feeling of hopelessness and powerlessness experienced by Poles in the Polish People's Republic during the Communism Era cannot return. We expect Zbigniew Ziobro the Minister of Justice/ Prosecutor General and his deputy Bogdan Święczkowski to immediately stop such practices.

Each of us the lawyers should answer the question today, have we done enough to defend the rights of citizens?

We strongly protest against the hasty discontinuation of criminal proceedings initiated by prosecutor Ewa Wrzosek (who started the investigation over the threat of organizing the presidential election during pandemia and this investigation was taken away immediately from her and another prosecutor rendered the decision of discontinuing the investigation right after 3 hours and without even seeing the files) and commencing disciplinary proceedings against her. Such behaviour of the leaders of the prosecutor's office shows that it does not take into account the obligation of state authorities to comprehensively investigate the case, the subject of which is to take actions that pose a threat to the health of Poles. Issuing a decision in a few hours makes it impossible to accept that such a comprehensive assessment was carried out. The initiation of disciplinary proceedings against the prosecutor Ewa Wrzosek jest nothing but the sheer repression.
We protest against the National Prosecutor's Office`s demand to Mrs Gersdorf to give explanation of the reason why she stopped allocate cases to the Disciplinary Chamber. The decision of the First President is fully based on the April 8, 2020 ruling of the Court of Justice of the EU. Through such actions, the leadership of the prosecutor's office usurps the right to absolute power, wanting to order the examination of cases by a specific, narrow circle of prosecutors.

We are convinced that the strong attitude of the judges of the Supreme Court will guarantee Professor Małgorzata Gersdorf the right to hear the case by a truly independent court. If the cases are heard by the Disciplinary Chamber, whose members are judges of the Supreme Court only by name and due to political procedures, it will mean that the law have  lost against unlawfulness.