The board of Polish Judges Association “IUSTITIA” calls the President of Regional Court in Warsaw for immediate release of information on the reasons underlying the order on 2-months pre-trial detention of LGBT activist known as Margot.
As judges, we do not comment the verdict of the court without examining the case files or at least the justification of the ruling.
This case raises extreme concerns in our country and abroad. Every hour brings conjectures, speculations and charges against the Court. The lack of clear and full information may cause misunderstandings about the court’s ruling. We cannot afford of making even appearances of court’s verdicts taking part in the campaign against LGBT society.
Unfortunately, negative political changes applied to Polish judiciary (including removal of many protective instruments of judges’ and court’s independence) but also procedural changes (such as the rule that the complaint against order of pre-trial detention is processed by just one judge, rather than panel of three judges) as well as rapid increase of the number of pre-trial detention cases after 2015 (what has been signaled by the Ombudsman Adam Bodnar) can justify such concerns.
The problem of legitimacy of pre-trial detention is right now the subject of important public debate. The inactivity of the management of Regional Court in Warsaw is a serious neglect of the obligation to communicate with society, seriously impacting the process of building citizen’s trust in judiciary.
In reference to the media relations on detentions of persons protesting against the arrest of LGBT activist, the Board of IUSTITIA association emphasizes, that the Police actions must be proportionate to the real threat to the public order and the degree of social harm. They cannot abuse the rights to freedom of assembly and expression of one’s views, guaranteed by the Constitution of the Republic of Poland.
The evidence presented by the media, showing Police officers applying means of physical coercion against protesting persons raise concerns of the public opinion. They also raise the questions regarding the extent and validity of applied measures.
Polish Police has been long rebuilding the prestige of this extremely important, difficult and deserving our respect service. The Board of “IUSTITIA” calls for a consideration, in order to not forfeit these efforts.