The Lawyers for Poland Association has issued a special resolution expressing strong opposition to the manner in which the National Prosecutor’s Office is conducting procedural actions regarding the summons of editor Tomasz Sakiewicz, as well as to public statements by representatives of the prosecution suggesting the possibility of attributing criminal liability to him even before any charges have been brought.
“We express our firm opposition to the manner in which the National Prosecutor’s Office is conducting proceedings related to the summons of editor Tomasz Sakiewicz, as well as to public statements by representatives of the prosecution suggesting the possibility of attributing criminal liability to him even before any charges have been presented,” the Lawyers for Poland Association stated in a special resolution. “Particularly outrageous and dangerous for the standards of a democratic state governed by the rule of law is a situation in which a state authority, equipped with exceptionally strong coercive procedural instruments, uses media messaging to build an atmosphere of suspicion and social stigmatization toward a citizen, while formally summoning him only as a witness.”
Tomasz Sakiewicz summoned for questioning
On Sunday, TV Republika reported that former Minister of Justice Zbigniew Ziobro had left Hungary and traveled to the United States. It was announced that he would become a commentator for TV Republika. A day later, CEO of TV Republika Tomasz Sakiewicz received a summons to the prosecutor’s office as a witness in an investigation conducted “against Zbigniew Ziobro and others.” Sakiewicz was ordered to appear on May 20 at 9:00 a.m. at the National Prosecutor’s Office, with the document bearing the note “mandatory appearance.” The summons was signed by prosecutor Piotr Woźniak. Although the document clearly states that Sakiewicz is being called “as a witness” in the case involving, among others, Zbigniew Ziobro, the head of the National Prosecutor’s Office, prosecutor Dariusz Korneluk, spoke in the media about a possible “offense of aiding and abetting.”
“Lawyers for Poland Association” resolution
In response to the prosecution’s actions targeting the CEO of TV Republika, the Lawyers for Poland Association issued a special resolution.
The Lawyers for Poland Association expresses its firm opposition to the manner in which the National Prosecutor’s Office is conducting proceedings regarding the summons of editor Tomasz Sakiewicz, as well as to public statements by representatives of the prosecution suggesting the possibility of attributing criminal liability to him even before any charges have been brought. “We consider particularly outrageous and dangerous for the standards of a democratic state governed by the rule of law a situation in which a state authority, equipped with exceptionally strong coercive procedural instruments, uses media messaging to build an atmosphere of suspicion and social stigmatization toward a citizen, while formally summoning him only as a witness,” the document reads.
The resolution states that “public statements by a representative of the National Prosecutor’s Office suggesting a possible link between journalistic activity and an offense under Article 239 of the Criminal Code should be assessed as extremely irresponsible, in contradiction with the fundamental principles of criminal procedure, in particular the presumption of innocence, procedural loyalty toward the citizen, and the obligation to respect rights and freedoms guaranteed by the Constitution of the Republic of Poland and the European Convention on Human Rights.”
It is impossible not to notice that such actions create a chilling effect on the journalistic community and may be perceived as an attempt to intimidate media outlets presenting views not accepted by the current governing authorities. A democratic state governed by the rule of law cannot tolerate a situation in which the prosecution – instead of limiting itself to the diligent execution of its statutory duties – becomes a participant in a media spectacle aimed at publicly stigmatizing certain individuals.
The organization recalled that “in accordance with established constitutional standards and the case law of the European Court of Human Rights, state authorities are obliged to exercise particular restraint in publicly commenting on criminal proceedings.” In the present case, however, a situation has arisen in which a representative of the prosecution publicly considers the possibility of changing the procedural status of a witness and suggests potential criminal liability for journalistic activity related to the exercise of media functions. Such actions have nothing in common with the standard of impartiality expected from law enforcement authorities. Particularly alarming is the creation by law enforcement representatives of a public narrative in which journalistic contacts, editorial activity, or reporting on events may in themselves constitute grounds for criminal suspicion. Such practices are characteristic of states moving away from liberal democratic standards and lead to the undermining of the foundations of freedom of speech.
The Lawyers for Poland Association also recalled in its resolution that “the prosecution is not an instrument of political struggle nor a tool for exerting pressure on media environments, and any attempt to use state authority to achieve propagandistic or extra-procedural effects constitutes a serious threat to civil rights and public trust in the justice system.”
“We call on the prosecution authorities to immediately return to standards arising from the Constitution of the Republic of Poland, the principles of a fair trial, and respect for media freedom. A state governed by the rule of law cannot be built through media insinuations, premature stigmatization of citizens, and the instrumental use of criminal procedures against individuals participating in public debate,” the Lawyers for Poland Association appealed.