The Supreme Court’s Chamber of Professional Responsibility on Tuesday legally refused to detain Judge Igor Tuleya and forcibly take him to the prosecutor’s office. The Supreme Court also reversed the suspension of the judge from his position and the reduction in his remuneration.
For example – firstly – the Supreme Court confirmed the decision of the now defunct Disciplinary Chamber, which was pronounced in April last year, did not accede to the request of the public prosecutor’s office and did not agree with the arrest of the judge in Warsaw. The National Public Prosecutor’s Office appealed against this decision.
We acknowledge and declare that Judge Igor Tuleya did not commit any crime when he decided on December 18, 2017 to hold the hearing in public and allow the media to enter. The judge acted within limits and according to the law. There is no doubt that in this case there is a reasonable suspicion that a prohibited act has been committed
– Judge Małgorzata Wąsek-Wiaderek rightly so.
According to the Supreme Court, Judge Tuleya “applied the law” in this case and correctly interpreted the Supreme Court’s provisions and resolution. Judge Wąsek-Wiaderek stressed that the prosecution’s complaint was “manifestly baseless”.
Second, in connection with such a decision, the Supreme Court has ex officio decided to overturn the decision of the Disciplinary Chamber in the cases of suspension of Judge Tuleya from his position and to reduce his remuneration. The Supreme Court also indicated that there is a possibility to resume the immunity procedure of this judge.
In November 2020, the then Supreme Court Disciplinary Chamber validly waived the judge’s immunity at the request of the prosecutor’s office. The reason for the request of the public prosecutor’s office to waive the immunity of the judge was the presumption of disclosure of information from the investigation, as well as the data and statements of the witnesses, which would jeopardize the course of the proceedings. It concerned the investigation into the session of the Sejm in the Zuilenzaal of December 16, 2016, which was halted twice by the public prosecutor’s office. In December 2017, the District Court in Warsaw, presided over by Judge Tuleya, overturned the decision of the Prosecutor’s Office to drop the investigation for the first time. The judge then allowed the media to record the oral reasoning behind the court’s decision.
The prosecution repeatedly called on Judge Tuleya to appear for questioning and to press charges against him. The judge consistently refuses to appear at the prosecutor’s office. He stressed that he had not recognized the disciplinary chamber as a court and the validity of the chamber’s decisions.
As a result, investigators from the National Public Prosecutor’s Office have requested permission from the Disciplinary Chamber to put him under duress. In April 2021, the Disciplinary Chamber – consisting of one judge, Adam Roch – did not accede to the prosecutor’s request and did not agree to the judge’s detention. The public prosecutor appealed against that decision.
The public prosecutor has the duty to report the suspect. This applies to all defendants, whether they hold judicial office or not
PK explained.
Due to the liquidation of the Disciplinary Chamber of the Supreme Court in the summer of 2022, the case of this complaint, along with other lawsuits, has been taken over by the new Chamber of Professional Responsibility.
Judge Tuleya did not appear at the Supreme Court on Tuesday. He was represented by lawyers: Jacek Dubois, Michał Zacharski and Bartosz Tiutiunik.
kk/PAP
Source: wPolityce