In 1 of the current proceedings before the Gdańsk territory Court there was a situation of precedent: the judges applied for the exclusion of prosecutor Dariusz Ziomek, who had previously investigated justice Igor Tuleya from Warsaw. This step may prelude akin situations.
Our unofficial information was confirmed by the Gdańsk territory Court. The civilian spokesperson for that court, justice Lukasz Ziola, acknowledges that in 1 of the appeals cases, on 8 November 2023, the court which examined the appeal against the judgement of the territory court, issued a decision to ask the direct head of the prosecutor to consider the exclusion of Dariusz Ziomek from the proceedings.
According to justice Herba, the court in its justification indicated that there is reasonable uncertainty about the objectivity and impartiality of prosecutor Ziomek. In the judgement of the court, this is due to the fact that the prosecutor was the author and initiator of an unjustified motion to waive the immunity of justice Igor Tulei. The decision to revoke was confirmed by the ultimate Court and the European Court of Human Rights in Strasbourg.
The final decision to exclude the prosecutor is to be taken by the head of Dariusz Ziomek in the territory Prosecutor's Office in Gdańsk. It is not yet clear what decision it will take. Grażyna Wawryniuk, a spokesperson for this unit, claims that she has not received specified a conclusion to date.
The prosecutors with whom we have held talks express their satisfaction with the movement of the Gdańsk court, declaring it a turning point. However, in their view, it may only be a spark that will launch an avalanche of akin applications for another prosecutors who took controversial legal action during Zbigniew Ziobra's word of office.
Let us remind you that justice Tuley has been exposed to the Ziobrian justice strategy to defend the independency of the courts. Although the formal pretext for pursuing him became a December 2017 decision, erstwhile he allowed the registration of the oral justification of his ruling regarding the discontinued investigation into the gathering in the Column Hall. Despite opposition from the prosecutor participating in the case, Tuley had the right to decide whether the trial was open. The National Prosecutor's Office, and in peculiar Dariusz Ziomek, who was then seconded to the National Prosecutor's Office, wanted to deprive him of his immunity and to press charges, including disclosure of the mystery of the investigation and the breach of powers.
In the following stages of the proceedings, the justice was prosecuted by various prosecutors. The National Prosecutor's Office demanded that Tuleya be arrested and charged. The decision of the illegal Disciplinary Chamber in the ultimate Court in 2020 took immunity from the judge, suspended in judgement and reduced remuneration. The justice was incapable to regulation for more than 2 years, returning to work only last November. However, in the fall of 2022, the Chamber of Professional work of the SN refused to consent to detain the justice and reinstated him to judgment, emphasizing his deficiency of criminality.
In the summertime of that year, the Court of Strasbourg found a violation of human rights in the event of Tuley being deprived of immunity, recognising that the measures taken against him violated his right to privacy and freedom of expression.
Daniel Głogowski
Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: [email protected]
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The Gdańsk judges want to shut down the Ziobrist prosecutor who was chasing Igor Tuleya:
