On 11 November 2022 the streets of Warsaw were again marched by nationalists and, as all year, launched races among the passing crowd, manifested their reluctance to what is not Polish and national by promoting the slogans of exclusion and nationalism. The citizens of Poland protested against the promotion of fascist content in public space, who stood at Smolna Street, on Wisłocki Skwer with the banner “Nationalism is not patriotism”
Protesters were surrounded by a police unit. Without explanation, officers carried participants in the countermanifest. The elevated were surrounded by a police cordon and kept for respective hours at the back of Smolna Street. Dr. Hanna Michinska arrived and only her intervention caused any detainees to be released. Others were transported to the police stations.
In this case, 18 people complained about wrongful detention. On Wednesday 8 March, the court for Warsaw-Śródmieście examined the complaint of Mariusz Redlicki.
The witness – a police officer – who testified in this case said that he only followed orders from superiors, and the police's actions towards the citizens of the Republic of Poland were intended to “ensure their safety”. The witness could not answer the question – who threatened them and how. The court instructed a witness – a police officer that following orders from superiors does not exempt from criminal responsibility.
Justice Justyna Koska Janusz ruled that the detention was unjustified, incorrect and illegal.
In order to justify the decision on the illegality of police activities, the court stated that the officers following orders from the authorities, alternatively of reacting to the apparent violation of the law by the participants of the independency March – to which they are bound by the provisions of the Police Act (which is constantly referred to by the Chief of the Capital Police), pacify the beneficiaries of constitutional freedoms taking part in a peaceful gathering of citizens – without any legitimate reason. Protesters did not commit any wrongdoing or crime, nor were they wanted by the police, so there was no reason justifying police intervention. Moreover, protesters in the peaceful assembly benefited from legal protection and officials should guarantee that the assembly was conducted safely until its resolution.
When announcing his decision, the court noted that the police should focus on ensuring that no dangerous incidents occurred among the participants of the independency March. There is no legal basis for the legitimacy of those who stand still. Furthermore, the specified preparation of the detention protocol cannot constitute the correctness of the detention made, especially if the content of the evidence is incorrect. You gotta consider specified detention incorrect.
The court besides regretted that, in fresh years, despite many judicial judgments indicating that citizens have the right to peaceful protests and countermanifests, police officers have only intensified contrary to the case law of the courts of action.
The court decided to notify the D.A. and the DCI Chief of Police of the result of the case.
The order is final.
Mariusz Redlicki on behalf of Hope aid was represented by lawyer Radosław Galusiakowski.
