“During the entry into the National Council of the Judiciary, documents were seized not to serve as evidence in a case, but to be handed over to individuals unlawfully performing the function of Disciplinary Spokesperson for Judges of Common Courts, which constitutes blatant illegality and a breach of criminal procedure. The prosecution had no idea which documents it had come for – the name Żurek appeared, the phrase “coup d’état”. It was not known what documents were held at the Disciplinary Spokesperson for Judges of Common Courts (RDSSP) headquarters,” said today at a press conference Judge Piotr Schab, the lawful Disciplinary Spokesperson for Judges of Common Courts.
On Wednesday, two prosecutors, accompanied by police, entered the National Council of the Judiciary, where the offices of the Disciplinary Spokesperson for Judges of Common Courts are located. The searches lasted more than 12 hours. Prosecutors seized disciplinary files. As the media showed, after several hours of occupation of the Council, damaged doors, cabinets, and safes were left behind.
“Illegality is obvious”
Today, the judges spoke out on the matter – the lawful Disciplinary Spokesperson for Judges of Common Courts (RDSSP) Piotr Schab and his deputies – Michał Lasota and Przemysław Radzik.
“The illegality of the actions is obvious. One must start with the fundamental provisions of the Constitution, which in Article 10 establishes the principle of the separation of powers. Sending the police, in the number of several dozen officers, to the headquarters of the National Council of the Judiciary is a clear violation and breach of this provision. Ignorance regarding the fundamental provisions of the Constitution and the role of the executive power in the state also resulted in the violation of a number of statutes. As regards the Code of Criminal Procedure, it should be noted that the prosecutorial and police actions did not meet the basic requirements of the CCP regarding the rules for conducting searches and any seizure of items. The prosecutorial order does not refer at all to what it should refer to in the matter of seizing items constituting evidence in a case,” Judge Schab explained.
“The prosecutor admitted outright – whether out of ignorance or nonchalance, a sense of impunity – that the aim was not to gather evidence, but to take over our documentation, which he did not even attempt to analyze. The aim was to hand over this documentation to individuals who are usurping the title of Disciplinary Spokesperson for Judges of Common Courts and their deputies. These individuals do not perform these functions, in line with the case law of the Supreme Court, referring to clear statutory provisions. Those who publicly claim that they perform the function of RDSSP are simply stating untruths, knowingly violating the law, usurping the function and declaring allegiance to the executive power. This completely undermines judicial status and the essence of this service,” he added.
“We will not be intimidated”
Judge Piotr Schab stated that the unlawful actions “do not produce the chilling effect that was the intention of Minister Waldemar Żurek, the police, and other cooperating individuals.”
“We will continue to perform our functions, which we carry out pro bono, in public service, because we receive no remuneration for them. For us, the overriding issue is service to the state. And we will not hand over the duties of our service to the police – please be certain of that – regardless of what happens and what acts of lawlessness may await us. We will not be intimidated, and I ask you to ensure that society is not deceived,” said the Disciplinary Spokesperson for Judges of Common Courts.
“I must point out the complete unlawfulness of the prosecutorial and police actions in the context that documents were seized not to serve as evidence in a case, but to be handed over to individuals unlawfully performing the function of RDSSP, which is blatant illegality and a breach of criminal procedure. The prosecution had no idea which documents it had come for – the name Żurek appeared, the phrase “coup d’état”. It was not known what documents were held at the RDSSP headquarters, and no attention was paid to the fact that we, in accordance with the law, both defend our fellow judges and prosecutors in disciplinary proceedings and are represented by them. Attorney-client privilege binds both the prosecution and us. Documents were seized that in all probability constituted important material in cases in which we represent our colleagues or are represented. Private documents were seized, without regard to the fact that the seizure of such documents constitutes a crime,” he said.
Judge Schab assured that the judges “will not bend”, and that a criminal complaint would soon be filed with the prosecution.
“We anticipate that in the short term this complaint will not result in any further actions by law enforcement authorities – there is no chance of that in the current circumstances, when we are deprived of a law-abiding state. A criminal complaint has the feature that it produces certain procedural consequences also in the longer term, and we believe that in such a perspective it will have precisely that effect,” he added.