The territory Court in Warsaw dismissed the action of PiS president Jarosław Kaczyński against Prime Minister Donald Tusk for the protection of individual property. It was about Tusk's words that "today power is serial killers of women" said at the rally.
On June 16, 2023, a political rally of the Civic Platform took place in Poznań Freedom Square with the participation of Donald Tusk. In the process, Donald Tusk addressed the issue The death of a 33-year-old pregnant female in Nowy Targ. The female was 5 months pregnant. She died of septic shock. According to medical records, a fewer hours before the female died, the ultrasound showed that the fetus had died.
- I'm sorry. Today, this power is simply a serial killer of women. They are liable for the deaths of these women., it's on their heads, Mr. Kaczyński, on your head are these tragedies, these deaths, this mourning," said Donald Tusk.
Kaczyński sued Tusk for the words that fell at the rally
The speech sparked a wave of comments in the media, and President of the Law and Justice He filed a civilian suit against Donald Tusk. He asked for an apology and a deposit by Donald Tusk PLN 10 000 for the social objective in the form of assistance to refugees from Ukraine. On Wednesday, April 15th in the territory Court in Warsaw, a proceeding took place in this case.
In the course of this process, lawyer Jarosław Kaczyński legal counsel Adrian Stalus pointed out, among others, the case-law line European Court of Human Rights (ECHR)from which the alleged 'fat skin of politicians' originates.
- I'm sorry. But 1 forgets the second level of this case-law line, namely the imposition on the typical of the public authority of an increased work and increased work for the word - stressed Stalus.
He pointed out that the question had to be asked whether the system, the state, the justice strategy should respond to insults or to argue language brutality.
SEE: "We have real limitations". Tusk about the movement of Zbigniew Ziobry
He added that there are limits to political discourse. "You can criticize yourself, you can dislike yourself, you can shock yourself, as the European Court of Human Rights says, but you must not be offended. You can't usage your statements to dispute. What did that message bring? What kind of social interest did she protect? She was only inciting, inciting to greater emotions, to utmost emotions, to set 1 on another, to deepen those divisions that are in Poland. She did not service anything else - noted Stalus.
On the another hand, Donald Tusk's lawyer - Elżbieta Kosińska-Kozak, who asked to dismiss the lawsuit, stressed that this kind of wording, which Donald Tusk utilized did not fall to Jarosław Kaczyński. - I'm sorry. No 1 has defined him. as a serial killer of women. (...) erstwhile it comes to issues attributed to him to be liable for the death of pregnant women, we are talking about a certain voice in public debate and attribution, at most the political work associated with certain changes (...), which is within the limits of allowed political criticism," said Kosińska-Kozak.
She stressed that Donald Tusk was in opposition at the time, and this was a rally to present to citizens his views on what was happening in the country. There have indeed been many deaths of pregnant young women. These statements, these sentences, the opinions that Donald Tusk presented during that message not only from him - Kosińska-Kozak said.
"We have the right to express our opinion". Kaczyński’s action dismissed
Then justice Tomasz Jasłowski ordered a break, after which he announced a resolution. The court dismissed Jarosław Kaczyński. He besides ruled from the president of the Law and Justice Office to Donald Tusk the amount of PLN 900 for reimbursement of the costs of the trial.
In his oral justification, justice Jasłowski recalled that since 2007 there was an abortion compromise in Poland. "This abortion compromise did not like both parties. There was a discussion for 20 years. For some, abortion is women's right, for others abortion is murder. The court doesn't decide that. Everyone has the right to have their own views. - stated the judge
He recalled that on 22 October 2020, the Constitutional Court issued a ruling declaring it an unconstitutional provision allowing abortion to be admissible in the event of a advanced likelihood of severe and irreversible impairment of the fetus or an incurable illness threatening his life.
SEE: "Smolenian lie continues". Strong speech by Jarosław Kaczyński
Referring to this ruling, he pointed out that the legal state was not clear, and the issue of violating the abortion compromise, not by amending the law, was 1 of the biggest controversyes in the political run and 1 of the most crucial elements disputed between political camps. - And that's erstwhile Mr Donald Tusk spoke in Poznań - said the judge.
He stressed that the facts were not disputed between the parties due to the fact that the suspect did not deny that he had spoken specified words. - I'm sorry. The lawsuit's request is inadequate. to the defendant. The suspect besides did not pronounce those for which the apology demands a reason - he judged the court.
Court: Tusk's words did not mention straight to Kaczyński
He added that the message that "today this power is serial killers of women" does not mention straight to Jarosław Kaczyński.
He besides indicated that the opinion was expressed on the existing grounds. He mentioned the cases of dead pregnant women who were described in detail. - We have the right to give an opinion if we have grounds for it, and specified grounds were. The amendment of the Law on Abortion Law by judgment... Constitutional Court It brought chaos, confusion. This could have been changed by the bill and then determined precisely erstwhile the doctor could have an abortion, and erstwhile he couldn't, the justice said.
He emphasized that there were grounds for criticism that "the work for these tragedies, for these deaths, for these mourning falls on the head of the political leader who was behind the change of these regulations."
SEE: "Unfair, unjust." PiS MP on the decision of president Kaczyński
- I'm sorry. Of course, Mr Jarosław Kaczyński did not sign the application to the Constitutional Court, but he was a leader without whom in rule nothing happened in politics, without his consent, so he is not responsible. If this were the case, it would possibly be the prosecution’s proceedings.... On the another hand, he bears moral work for these tragedies - said the judge.
He pointed out that politicians must realize that their work has a much bigger weight, due to the fact that if the justice makes a mistake and gives the incorrect sentence, he "will harm one, 2 or respective people." On the another hand, politicians introduce laws that can concern "all the mass of people, a immense number of people, and in this case women who are in a situation of danger of life and, above all, uncertainty". - What's more, it leads to the fact that we're little pregnant present than before, due to the fact that Women are just scared. - judged the judge.
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