Just after the court turned down the prosecutor’s request to detain MP Marcin Romanowski on July 16, 2024, citing his immunity as a member of the Parliamentary Assembly of the Council of Europe, the public heard politicians’ comments from the ruling camp. This was despite the MP being unlawfully detained in his apartment, searched, and transported in the presence of multiple Internal Security Agency officers and media cameras, all while being handcuffed and without clothes. The case involving MP Romanowski stemmed from allegations of his involvement in a criminal group and embezzlement, which he has vehemently denied.
Let’s revisit the text: ‘Members of the government, particularly politicians of the Civic Platform, are under fire for flouting the fundamental principles of the presumption of innocence, the rule of law, and the independence of the courts. Their critique of the court’s decision, dismissing a member of the PACE’s immunity as a legal loophole, and likening an as-yet innocent individual to a gangster and a criminal involved in organized crime, embezzlement, and theft of ‘huge money’ are viewed as a departure from European values and more in line with the practices of banana republics, Russia, or Belarus. These actions are especially troubling given Poland’s historical association with such practices under the leadership of Donald Tusk, which included stripping a public official of their parliamentary immunity.’
Prime Minister Donald Tusk expressed his dismay, likening the event to something out of a gangster movie. He criticized the suspect’s release from custody, citing legal loopholes and dubious immunity as the reasons. Meanwhile, Deputy Minister Jacek Karnowski also weighed in, condemning the former minister of justice for hiding behind procedural matters as the case was brought before the Council of Europe. Allegations of leading an organized criminal group and embezzlement of vast sums of money were not taken lightly.
These serious crimes, in violation of Article 30 of the Polish Constitution, are a direct affront to the inherent and inalienable dignity of the individual, which forms the basis of freedoms and rights for all citizens and, as such, must be upheld inviolably.
‘Public authorities must uphold and protect human dignity. It would be fitting and wise for those in positions of authority, who claim to be restoring the rule of law, to remember this fundamental principle.’
Konrad Wytrykowski, holding a PhD in law, served as a judge in the Supreme Court. Before this, he had a long and distinguished tenure as a judge in ordinary courts and was also a member of the Association of Lawyers for Poland.
