Position of the Board of Polish Judges Association IUSTITIA of 18 November 2020 on the waiving of judicial immunity of Warsaw Regional Court judge Igor Tuleya.

Today, on 18 November 2020, so called “Disciplinary Chamber” waived, upon request of political prosecution, the immunity of judge Igor Tuleya, suspended the judge and reduced his salary by 25%. Judge has been punished for enabling the media to listen and record his decision in the court case involving the ruling party.

The Board of Polish Judges Association IUSTITIA strongly condemns the decision of disciplinary chamber acting in the building of Supreme Court on waiving the immunity of Warsaw Regional Court judge Igor Tuleya. Disciplinary chamber does not fulfil the criteria of independent court in understanding of both – national as well as European law, what has been confirmed by Polish Supreme Court in resolution of jointly acting Chambers: Civil, Criminal and Labor and Social Insurance of 23 January 2020 (BSA I-4110-1/20).

Hence disciplinary chamber demonstrates the features of extraordinary court. Existence of such court during time of peace is forbidden by the Constitution of Republic of Poland. Just this renders the decisions made by the personnel of said chamber invalid, as they have no features of the rulings of properly staffed court. This lack of features of independent court - a court guaranteeing the right to effective legal means, resulted in the ruling of CJEU suspending the laws on functioning of disciplinary chamber. Today’s decision on waiving the immunity of judge Igor Tuleya ignores the CJEU ruling of 8 April 2020, blatantly violating community law and the Constitution. Such actions of persons sitting in disciplinary chamber exclude Poland from civilized countries where Rule of Law and independent judiciary are cornerstones of functioning of the state.

Actions of disciplinary chamber violate the EU law and national Constitution, damaging the international reputation of Poland. These actions are part of closed and complete system of intimidation, created by the ruling party in order to gain political control over judiciary and prosecution in Poland. Waiving the immunity of judge Igor Tuleya by the invalid body, lacking the features of the court in the meaning of national and community law, constitutes repression against the judge whose rulings are inconvenient to the politicians of the ruling party and who has the courage to publicly criticize harmful changes introduced to justice system by the ruling party.

Waiving the immunity upon the request of politically dependent prosecution subordinated to Zbigniew Ziobro is an attempt to exclude judge Tuleya from the public and professional life and to create the freezing effect amongst independent judges.

The Board of Polish Judges Association IUSTITIA hereby states, that notwithstanding the methods and means used by political powers to eliminate independent judges from public life, IUSTITIA will continue actions in defense of Rule of Law and Human Rights, in the interest of all citizens of Poland. We will always defend the good name of any judge subjected to political repression of prosecutors dependent of political powers.