Calling Maciej Wąsik and Mariusz Kamiński to be political prisoners is a very unfair distortion, which harms the memory of people who were actually imprisoned for their beliefs, attitudes, struggle for democracy and human rights – says the Helsinki Foundation for Human Rights.
The Helsinki Foundation for Human Rights issued a statement about Mariusz Kamiński and Maciej Wąsik.
According to the HFHR, referring to prisoners Maciej Wąsik and Mariusz Kamiński as political prisoners is a “very unfair distortion, which directly damages the memory of people who were actually imprisoned for their beliefs, attitudes, struggle for democracy and human rights.”
The Foundation recalled that both prisoners had been validly sentenced to imprisonment by a court judgment on behalf of the Republic of Poland for crimes committed in connection with the exercise of public functions entrusted to them. As indicated, this sentence is subject to execution until the end of the sentence, the release of both convicts by the court or the application of the pardon power by the President.
According to the HFHR, the president’s attempt in 2015 to end criminal proceedings against both convicts constituted an unauthorized interference in the justice system.
The Foundation also recalled that the Supreme Court declared in 2017 that “the application of the law of pardon before the date of finality of the sentence has no procedural consequences” – and therefore does not lead to the termination of criminal proceedings. Additionally, the Supreme Court resolution states that pardons prior to final sentencing do not take effect after final sentencing.
However, there are no obstacles for the president to exercise his right to pardon now, that is, in a situation where a final conviction has already taken place.
– emphasizes the HFHR.
The Foundation also noted that the sentencing of Maciej Wąsik and Mariusz Kamiński to prison led to the automatic termination of their parliamentary mandates, and that the President of the Sejm therefore had the right and duty to issue a decision reflecting this state of affairs was confirmed.
Attack on the Supreme Court’s Chamber for Extraordinary Scrutiny and Public Affairs
In the opinion of the HFHR, an appeal against the decision of the President of the Sejm regarding the expiry of parliamentary mandates should be heard by a composition of the Supreme Court characterized by the requirements of independence and impartiality and established in accordance with with the law.
The Chamber for Extraordinary Scrutiny and Public Affairs does not fully meet these conditions, as recently confirmed by the European Court of Human Rights in its judgment in Wałęsa v. Poland
– emphasized.
The Foundation pointed out that the role of the Supreme Court hearing an appeal against the decision of the Chairman of the Sejm does not consist in legally verifying the validity of the verdict in the case of Wąsik and Kamiński, let alone hearing the judgment in question as unlawful. -existing. The substantive side of the criminal proceedings against both convicts may only be examined within the scope of the available legal remedies.
The authorities of the Republic of Poland must make every effort to ensure the personal safety of all persons deprived of their liberty
– emphasizes the HFHR.
On Tuesday evening, police arrested PiS politicians Mariusz Kamiński and Maciej Wąsik, who were staying in the Presidential Palace at the time – they remained in the palace after the ceremony of appointing Andrzej Duda’s new advisors. The former head of the CBA, the former Minister of the Interior and his former deputy were sentenced to two years in prison in a final judgment on December 20 for exceeding their powers in connection with the so-called 2007 land scandal
As you can see, the Helsinki Foundation for Human Rights accepts the story of Donald Tusk’s coalition and does not recognize the validity of the pardon law used by President Andrzej Duda against Mariusz Kamiński and Maciej Wąsik, nor the ruling of the Chamber of Health. Extraordinary Control and Public Affairs, according to which both politicians are still members of parliament and protect their immunity.
tkwl/PAP
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Source: wPolityce