Evidence of a Coup d’État: 10 Key Quotes from Święczkowski’s Report

The President of the Constitutional Tribunal has publicly released a 61-page report on suspected criminal activity, along with a notification signed by Michał Ostrowski regarding the initiation of an investigation by the National Prosecutor’s Office. The document contains many strong statements. We have compiled the most important quotes!

Today, the National Prosecutor’s Office announced that Attorney General Adam Bodnar has suspended Prosecutor Michał Ostrowski from duty for six months. This concerns the investigation into a potential coup attempt by, among others, the Prime Minister, the Speakers of the Sejm and Senate, government ministers, and the head of the Government Legislation Center. The report was submitted to Prosecutor Ostrowski by the President of the Constitutional Tribunal, Bogdan Święczkowski, who then launched an investigation.

“The suspension of Prosecutor Michał Ostrowski is unlawful and confirms that a coup d’état is taking place in Poland,” said Constitutional Tribunal President Bogdan Święczkowski. What exactly did the Tribunal President write in the report? Let’s examine the details.

The Coup d’État Report – 10 Key Quotes

1. On the Threats to the Presidential Elections
   “Given the upcoming elections for the President of the Republic of Poland, actions against the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, which rules on the validity of presidential elections, must be considered particularly dangerous for the constitutional order and the continuity of state power. (…) Continuing efforts to undermine the legal and institutional status of the Chamber of Extraordinary Control and Public Affairs could lead to legal chaos regarding the assumption of office by the President-Elect.”
2. On the Consequences of Failing to Pass a Resolution on the Presidential Election
   “Failure to adopt [the resolution on the election of the President of Poland] within the statutory timeframe, or the political authority’s refusal to recognize the resolution adopted by the Chamber of Extraordinary Control and Public Affairs as a valid resolution under Article 129 of the Constitution, will have far-reaching constitutional consequences. It may also be used instrumentally by political actors dissatisfied with the election results, leading to the questioning of voters’ verdicts under the guise of ensuring compliance with constitutional election validation. Such a situation would remove Poland from the group of democratic states governed by the rule of law.”
3. On Undermining the Status of Judges
   “Since constitutional regulations do not grant the Supreme Court the authority to interfere with the President’s power to appoint judges upon the recommendation of the National Council of the Judiciary, such interference is even less permissible from other state authorities—especially political bodies such as the legislative and executive branches.”
4. On Evaluating the Judicial Panel in the Supreme Court Case
   “(…) The Prosecutor’s Office, under the leadership of Attorney General Adam Bodnar, has assumed the right to assess the status of judges serving on the panel of the Supreme Court [in the case affirming that Dariusz Barski is a legal National Prosecutor – ed.], and consequently declared that the court’s ruling had no legal effect. Such action is in obvious contradiction to legal provisions, as the Prosecutor’s Office (which was, incidentally, a party in this Supreme Court case) lacks the competency to evaluate the status of judges forming a court panel.”
5. On Ignoring the Constitutional Tribunal
   “The failure of case participants to present their positions in proceedings before the Constitutional Tribunal also limits the Tribunal’s ability to issue judgments in closed sessions, forcing the scheduling of hearings and significantly prolonging proceedings.”
6. On the Failure to Appoint New Constitutional Tribunal Judges
   “Failing to fill judicial vacancies may soon render the Tribunal unable to rule in full composition (at least 11 judges), thereby preventing it from carrying out the functions assigned to it by the Constitution.”
7. On Cutting the Tribunal’s Funding
   “Denying salaries to judges could effectively abolish constitutional review in Poland, thereby depriving citizens and other legal entities of legal protection. Those authorized to file motions, submit legal inquiries, and lodge constitutional complaints have the right to expect their cases to be considered without undue delay. This expectation may become unattainable if Constitutional Tribunal judges are deprived of their salaries, which in principle constitute their sole source of income.”
8. On Government Power Abuse
   “The actions described in this report may bear the hallmarks of coercion, understood as the use of power advantages—here, by executive and legislative officeholders from the ruling coalition—to impose their will on the Constitutional Tribunal. This includes forcing the Tribunal to cease exercising its judicial authority independently from other branches, as well as pressuring Tribunal judges to abandon independent rulings (similarly to the Supreme Court and the National Council of the Judiciary ceasing their constitutional functions).”
9. On the Government Coalition’s Strategy
   “In this context, it is hard not to perceive that actions undertaken since December 13, 2023, follow a pre-planned scenario aimed at gradually undermining the Constitutional Tribunal’s institutional position and the ability of its judges to perform their constitutional duties.”
10. On the Sejm Resolution Regarding the Constitutional Tribunal
    “The Sejm, acting beyond its competencies and in violation of fundamental constitutional principles, has made a futile attempt to legitimize unlawful actions by public authorities. In other words, the Sejm attempted to create a legal basis that would nullify the illegality of actions taken by promulgation officials, thereby shielding certain officeholders from potential legal, including criminal, liability.”