Statement by 25 retired judges of the Constitutional Tribunal on limiting the independence of judges and prosecutors, undermining the role of the Ombudsman by the politicized Constitutional Tribunal and presidential contempt for persecuted prosecutors of 24 January 2021.
Declaration of retired judges of the Constitutional Tribunal of 24 January 2021
Breaches of the constitutional principle of the impartiality of judges by the legislative and executive authorities are becoming increasingly frequent in Poland. The objective of initiating investigations and disciplinary proceedings against certain judges and depriving them of the right to adjudicate is to enforce silence and obedience of the judiciary. Statutory changes to the judiciary have been announced entailing the vetting of all judges in Poland by the political authorities. As a result, any judge may be transferred to another court or made to retire.
The statutorily guaranteed independence of prosecutors, which is too weak to protect them from repression, is also becoming increasingly restricted. Prosecutors are posted to places that are far from where they live in circumstances that bear the signs of harassment. The recent contemptuous statement of the President of Poland about prosecutors is distasteful.
The real significance of the constitutional institution of the Ombudsman is being abolished and the current Constitutional Tribunal is being used for this purpose.
The situation of a further threat to the rule of law is prompting retired judges of the Constitutional Tribunal to express their utmost concern and to inform the public.
Stanisław Biernat; Teresa Dębowska-Romanowska; Kazimierz Działocha; Lech Garlicki; Mirosław Granat; Wojciech Hermeliński; Adam Jamróz; Stefan Jaworski; Biruta Lewaszkiewicz-Petrykowska; Wojciech Łączkowski; Ewa Łętowska; Marek Mazurkiewicz; Andrzej Mączyński; Janusz Niemcewicz; Małgorzata Pyziak- Szafnicka; Stanisław Rymar; Ferdynand Rymarz; Andrzej Rzepliński; Jerzy Stępień; Piotr Tuleja; Sławomira Wronkowska-Jaśkiewicz; Mirosław Wyrzykowski; Bohdan Zdziennicki; Andrzej Zoll; Marek Zubik
