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The position of the National Board of Polish Judges Association "Iustitia" on the statement of the Disciplinary Spokesman of the Judges of Common Courts

On November 8, 2019, Przemysław Radzik - Deputy Disciplinary Spokesman of the Judges of the Common Courts brought disciplinary charges against the judges: Krystian Markiewicz, Monika Ciemięga, Monika Frąckowiak, Katarzyna Kałwak and Bartłomiej Starosta in connection with the alleged misconduct of the dignity of the judicial office according to the Spokesman in a way of ignoring the statutory obligation of these judges to attend the summons and testify as witnesses and other disciplinary torts. "

We emphasize, that those judges were summoned in a case concerning concern, among others "Hatter affair" and threads related to it. In this case, Judges Markiewicz, Ciemięga, Kałwak, Frąckowiak and Starosta are victims, because so-called hate activities aimed at defamation, insults, harassment against then. Filing disciplinary charges against the above-mentioned Judges is evidence of further harassment.

It should be reminded, that all disciplinary spokesmen were appointed by the politician - Minister of Justice - Zbigniew Ziobro, whose role in the so-called the hatter scandal has not been explained at all. In addition, according to media information, the deputy disciplinary spokesmen belonged to the group named “Kasta” - "The Cast" on WhatsApp, which under the leadership of the deputy minister of justice dealt with the slandering actions against the judges being active in the defence of the rule of law in Poland. Disciplinary spokesmen's connections with the hateful Twitter account "KastaWatch" are also clear. It was just on this account that disciplinary actions against judges were announced, which were later carried out, and the details of hearings conducted by disciplinary spokesmen were disclosed there. The formal activity of the above-mentioned people is part of the activity of this Twitter account.

We emphasize that the national Board of the Polish Judges Association “Iustitia” submitted to the Prosecutor's Office a notification of the possibility of committing a criminal offenses by individuals indicated in the media as involved in the so-called "Hatter affair" and cooperating with such people. The notification also includes the names of the Disciplinary Spokesman of the Judges of the Common Courts Piotr Schab and his deputies: Michał Lasota and Przemysław Radzik. Until now, members of the board have not been even heard by the Prosecutor.

In this situation, we believe that the Disciplinary Spokesman of the Judges of Common Courts Piotr Schab and his deputies Michał Lasota and Przemysław Radzik should exclude themselves from taking any action in the matter of the so-called "Hatter affair".

At the same time, we would like to point, that the Disciplinary Spokesman of the Judges of Common Courts is not a right and competent institution to conduct any other activities against judges Monika Ciemięga, Monika Frąckowiak, Katarzyna Kałwak, Bartłomiej Starosta - Judges of district courts and Krystian Markiewicz - Judge of a regional court, because they are not neither presidents nor vice presidents of these courts. The spokespersons competent to run the abovementioned the acts are the deputies of the disciplinary spokesman acting at the regional courts and the deputy disciplinary spokespersons  acting at the appeal courts. Those judges are also not involved in this case and for which no circumstances of such nature have emerged that could raise reasonable doubt as to their impartiality.

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