“The Niezależne Media Foundation, TV Republika, and other entities within our group, following the unlawful seizure of the Foundation’s bank accounts, are taking decisive legal action against those responsible for these acts,” reads a joint statement by Joanna Jenerowicz, CEO of the Niezależne Media Foundation, and Tomasz Sakiewicz, CEO of TV Republika.
The bank accounts of the Niezależne Media Foundation were seized in a manner described as entirely unlawful. For years, the Foundation has raised funds to defend persecuted journalists and previously also supported the development of TV Republika.
According to the Foundation, the case involves serious violations of multiple legal provisions, including the authorities’ disregard of a complaint filed with the administrative court and the absence of legally required signatures on the decision authorizing the seizure.
According to Tomasz Sakiewicz, the actions constitute a deliberate attack on independent media and on a project aimed at safeguarding the integrity of elections. Together with the Foundation’s president, he announced specific legal measures.
“Decisive Legal Action”
Below is the full statement:
“Ladies and Gentlemen,
The Niezależne Media Foundation, TV Republika, and other entities within our group, following the unlawful seizure of the Foundation’s bank accounts, are taking decisive legal action against those responsible for these acts in order to protect our interests and defend the values for which the Foundation and our media outlets were established. We are filing a complaint regarding these unprecedented actions, which threaten freedom of speech and economic freedom, and we are informing the courts already handling this case that the account freezes were imposed without their consent. At the same time, due to the abuse of authority and the deliberate actions taken to the detriment of our Foundation and affiliated companies, we are filing a criminal complaint with the prosecutor’s office. The Foundation and TV Republika have partners and donors in the United States. For this reason, our American attorneys are preparing legal proceedings in the United States against those whose actions have harmed these partners and donors. Individuals responsible for material damages will also face appropriate civil claims for compensation.”
The statement was signed by Joanna Jenerowicz, CEO of the Niezależne Media Foundation, and Tomasz Sakiewicz, CEO of TV Republika.
Serious Violations of the Law and Disregard for the Court
According to the Foundation, the actions of the Chancellery of the Prime Minister violate fundamental provisions governing administrative enforcement proceedings, depriving the Foundation of its right to defend itself and effectively preventing judicial review. The alleged violations include:
- Article 15(1) of the Act on Administrative Enforcement Proceedings – the Foundation was not served with the mandatory written warning. Under Polish law, enforcement proceedings may only begin seven days after such a notice has been delivered. Without it, initiating enforcement is not legally permissible.
- Article 80(3) of the same Act – the Foundation’s bank accounts were seized even though it had never been served with a copy of the enforcement order. The deadline for taking legal defensive measures begins only after that document has been delivered, making the current enforcement proceedings entirely unlawful, according to the Foundation.
Furthermore, on June 20, the Foundation filed a complaint with the Provincial Administrative Court against the decision of the Chancellery of the Prime Minister, together with a motion to suspend its enforcement. However, the Chancellery did not wait for the court’s ruling before proceeding with the seizure.
As Tomasz Sakiewicz stated:
“Instead of forwarding our appeal to the court on the final day of the statutory deadline, the Chancellery of the Prime Minister simply decided to unlawfully seize our accounts.”
A Computer Printout Instead of a Signature
The document used as the legal basis for the seizure has also sparked controversy. The decision, bearing the name of the Head of the Chancellery of the Prime Minister, Jan Grabiec, is, according to the Foundation, legally invalid because it lacks a qualified electronic signature. Instead, it contains only a computer-generated notation reading: “Jan Grabiec – Head of the Chancellery of the Prime Minister.”
According to Tomasz Sakiewicz:
“In Poland, there are only two legally valid forms of signature – a handwritten signature or a qualified electronic signature. This decision contains neither. It is merely a computer printout, so the tax official who acted on the basis of such a document simply committed a criminal offense.”
Attack on Election Integrity and TV Republika
According to Tomasz Sakiewicz, the funds targeted by the authorities were intended for a project training election observers and members of electoral commissions. He stated that the initiative exceeded expectations, achieving 300 percent of its original goal. Instead of the planned 2,000-3,000 participants, approximately 9,000 people were trained, with the Foundation and its media outlets contributing their own financial resources.
“An attack on a project dedicated to election security and training people to safeguard free and fair elections demonstrates what they are preparing for future elections. They intend to target everyone who seeks to protect election integrity, and this is the first attack of this kind.”
According to the CEO of TV Republika, the primary target of these actions is the broadcaster itself.
“The attack on TV Republika has begun – that is how it should be understood. It is now a direct and frontal attack.”
He added that the authorities are attempting to cut off the station’s sources of funding. However, he noted that TV Republika ended its cooperation with the Niezależne Media Foundation regarding fundraising more than a year ago, anticipating that “this government might resort to such gangster-like actions.” He also stated that the broadcaster is currently establishing new entities in Poland and abroad to safeguard its financial independence.
“They Will Be Prosecuted for the Rest of Their Lives”
Tomasz Sakiewicz announced that those responsible for the actions would face severe legal consequences, arguing that public officials who violate the law would not remain immune from responsibility.
“Mr. Grabiec has risked many years in prison and the loss of his personal assets because he will be held personally liable and will be prosecuted for the rest of his life. I guarantee that he will be pursued for breaking the law for the rest of his life. Apparently, however, they believed they had no alternative. They concluded that it was all or nothing because TV Republika has become such an important player in the Polish media landscape that, without destroying us, they will not be able to remain in power, even with the opposition currently in such a weak condition,” Sakiewicz concluded.