The National Prosecutor’s Office of Poland has submitted a request to the National Administrative Court’s disciplinary chamber seeking permission to strip Judge Tomasz Szmydt of his immunity. This move is part of broader efforts to arrest and temporarily detain the Warsaw-based Administrative Court judge on allegations of espionage.
The charges against Judge Szmydt involve accusations of engaging with foreign intelligence activities on Polish and Belarusian soil. According to the Prosecutor’s Office, the information provided by Szmydt to foreign intelligence could have inflicted substantial damage to the Republic of Poland, thereby allegedly violating Article 130, Paragraph 2 of the Polish Penal Code.
Earlier investigations revealed that Judge Szmydt had sought “care and protection” from Belarusian authorities in Minsk after claiming to have left Poland due to persecution and threats linked to his “independent political stance.” This statement comes amidst a controversial background where Judge Szmydt handled cases involving the denial of security clearances for access to classified information in Warsaw.
The request to remove his legal immunity is unprecedented and highlights the gravity of the espionage charges. If granted, it would allow for Szmydt’s immediate arrest and detention pending further investigation. The case not only raises questions about national security but also touches on issues of judicial independence and political persecution within Poland.