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Tusk and Bodnar Summoned to Testify in Judicial Coup Inquiry

Prime Minister Donald Tusk and Justice Minister Adam Bodnar have been summoned for questioning, according to Niezalezna.pl. The summons relate to an investigation being conducted by Deputy Disciplinary Spokesman for Common Court Judges into an alleged constitutional coup within the judiciary. Tusk’s hearing is scheduled for Wednesday, July 9, while Bodnar is to appear two days later.

“They will be questioned about all aspects relevant to my explanatory proceedings concerning the coup attempt in the judiciary,” Judge Przemysław Radzik told Niezalezna.pl.

According to the main thesis of the investigation initiated by Judge Radzik, “an organized criminal group involving judges orchestrated a constitutional coup in the justice system.” Disciplinary charges against key figures in the judiciary are not ruled out, and questioning high-ranking politicians from the December 13 coalition may be necessary.

Judge Przemysław Radzik, Deputy Disciplinary Spokesman for Common Court Judges, initiated preparatory proceedings on February 21 concerning “a coup attempt in the justice system.” The investigation primarily concerns actions and omissions by common court judges from December 13, 2023, to the present. These allegedly involved participation in an organized criminal group aiming to alter the constitutional order of the state and to eliminate or disable constitutional state institutions such as the National Council of the Judiciary, the Constitutional Tribunal, and the Supreme Court.

It’s worth noting that shortly after the initiation of the proceedings, Minister Adam Bodnar made an unsuccessful attempt to remove Judge Radzik from his post as Deputy Disciplinary Spokesman. Even the Ministry acknowledged in its official statement that Polish law does not allow for such a removal before the end of the term.

Back in May, it was reported that both Prime Minister Tusk and Justice Minister Bodnar would be questioned as part of the proceedings. Niezalezna.pl has now confirmed that the summons have been sent.

Tusk is to testify first – his hearing is scheduled for Wednesday, July 9, at 11:00 a.m. at the Disciplinary Spokesman’s Office at 30 Rakowiecka Street in Warsaw.

Bodnar is scheduled to appear for questioning on Friday, July 11, at 11:00 a.m.

“The summons of Prime Minister Donald Tusk and Justice Minister Adam Bodnar are part of planned investigative actions in the case concerning the alleged coup in the judiciary. Both have been called as witnesses and will be warned of the criminal liability for giving false testimony. They will also be advised of their right to refuse to answer questions that might expose them or their relatives to criminal liability,” explained Judge Przemysław Radzik to Niezalezna.pl.

“They will be questioned on all aspects relevant to my explanatory actions regarding the alleged coup in the judiciary – including, for example, the unlawful dismissal of court presidents, establishment of codification commissions with the involvement of judges, and appointment of special spokespeople. In general, actions which amount to criminal offenses under Article 128 of the Penal Code,” he added.

What if Tusk and Bodnar fail to appear?

“The Code of Criminal Procedure – since the hearings will be conducted under its framework – clearly provides for sanctions in the event a witness fails to appear. We’re probably not talking about forced appearance, as both individuals are protected by parliamentary immunity. Still, I do not anticipate such a scenario, because I cannot imagine that high-ranking state officials would ignore a summons from a competent authority. The law applies to everyone, and under Article 177 of the Code of Criminal Procedure, any citizen summoned as a witness is obligated to appear and testify,” Judge Radzik stated.

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