“We are witnessing a creeping coup d’état. Law is being violated across various domains, starting with the media, and extending to subsequent events marked by blatant breaches of law, including criminal acts committed to gain political advantages for those in power, as well as material benefits for those who secure lucrative positions and assignments important to the ruling camp,” said Zbigniew Ziobro, former Minister of Justice, during an interview on TV Republika. “This is a series of crimes, and part of this involves the violation of the constitutional freedoms of Professor Pogonowski,” Ziobro added.
‼️ Breaking on @RepublikaTV ‼️
— michal.rachon (@michalrachon) December 2, 2024
The liberal-left regime, led by @donaldtusk former European Council President, has detained the former head of ABW, Poland’s top intelligence agency, and a current board member of the National Bank of Poland.
📍Exclusive footage from the site of… pic.twitter.com/j8NjxNIVIn
Earlier this morning, authorities appeared at the residence of Piotr Pogonowski, the former head of the Internal Security Agency (ABW), and detained him. He is set to be forcibly brought before the illegally operating Pegasus Commission.
In September 2024, the Constitutional Tribunal ruled that the activities of the Pegasus Commission are unconstitutional. According to the Tribunal, the Sejm had adopted the resolution while “improperly constituted,” as it prevented Mariusz Kamiński and Maciej Wąsik from performing their parliamentary duties. Pogonowski, citing the Tribunal’s ruling, had failed to appear before the commission three times. However, in November, the Warsaw District Court, under a ruling by Judge Beata Najjar, ignored the Constitutional Tribunal’s decision and ordered Pogonowski’s detention and forcible appearance before the commission.
The Controversy Surrounding Judge Najjar
Beata Najjar became the President of the Warsaw District Court in August 2024. Previously dismissed from her role as Vice President of Criminal Affairs by Ziobro, she was the sole candidate endorsed by the General Assembly of Judges of the court.
When questioned about Najjar’s dismissal, Ziobro defended his decision, stating,
“It was conducted strictly within the framework of the law. As Minister, I had the authority to make such decisions, and this one was based on recommendations from the judicial department. I adhered to a firm principle of not acting without the opinions of judges who were well-acquainted with the functioning of their judicial teams and who evaluated her negatively.”
Ziobro criticized subsequent changes made by Adam Bodnar, accusing him of unlawfully dismissing the leadership of both the District and Appellate Courts in Warsaw. According to Ziobro, Bodnar’s actions were aimed at ensuring “our judges” took over key judicial leadership positions, thereby securing control over critical cases.
Ziobro: Pogonowski’s Detention Is a Crime
Ziobro described the detention of Piotr Pogonowski as not only unlawful but criminal, asserting that those responsible, including the judges involved, must be held accountable.
“This is about a situation where any citizen, who happens to oppose certain power structures or cliques, could be unjustly detained. We cannot accept this as normal. These practices harken back to the darkest days of communism,” he stated.
Ziobro emphasized that the Constitutional Tribunal’s ruling from September 10 is binding and indisputable.
“The Pegasus Commission was established unconstitutionally, both in terms of its creation and its scope of operation. Forcing someone to appear before this commission is a clear crime, and those responsible must face consequences,” he said.
Concerns Over Judicial Independence
Ziobro also highlighted issues with judicial independence, pointing to allegations of manipulation in the selection of judges for politically sensitive cases.
“We introduced an electronic random selection system for assigning judges, which was widely praised for its transparency. However, I’ve received signals suggesting this system is now being tampered with, ensuring ‘our judges’ handle cases crucial to those in power,” he remarked.
In closing, Ziobro reiterated his assertion:
“We are dealing with a creeping coup d’état. Law is being violated in numerous areas, from the media to other events involving severe breaches of law, committed to secure political and material gains for the ruling elite. This series of crimes also includes the violation of Professor Pogonowski’s constitutional freedoms.”