“The other party should accept this with relief. They see the reaction to this situation, even in Warsaw, and they must immediately withdraw all nonsense orders blocking the parliamentary mandate,” said Prof. in an interview with the portal wPolityce.pl. Genowefa Grabowska, constitutionalist, comments on President Andrzej Duda’s decision to initiate pardon proceedings against Marusz Kamiński and Maciej Wąsik. She said the president will not be limited in the use of his prerogative, and Attorney General Adam Bodnar should immediately issue appropriate instructions and release both men from prison.
READ MORE: President Duda: At the request of the wives of M. Kamiński and M. Wąsik, I am starting a pardon procedure. The 2015 pardon is in effect
The president acted humanely
Prof. Genowefa Grabowska believes that the act of mercy previously done by the President to Mariusz Kamiński and Maciej Wąsik is still in force, of which Andrzej Duda is aware. This time, however, his decision to reapply is motivated by humanitarian reasons.
The president has of course already effectively pardoned these gentlemen. He emphasized this many times, but now he was acting humane, considering the incredible brutality they face and the brutal treatment they face. Currently, I treat this act as an addition to the previous one, motivated by a typical humanitarian feeling on the part of the President. To be fair, it happened after a meeting with the prisoners’ spouses. Therefore, it must be understood that there may be a threat to life in connection with the strike. Especially with this approach from the person responsible for the prison system in Poland, anyone who wants to starve themselves bodes very poorly.
– said Prof. Genowefa Grabowska.
As she emphasized, the President’s decision actually protects health and life, because if such a situation of not eating food were to continue and the gentlemen were determined, it could end tragically.
I think the president wanted to calm the mood this way. At the same time, he reached out to the other side and said enough fierceness, enough revenge, let’s start acting so that we can function normally in society. I think the other side should accept this with relief. They see the reaction to this situation, even in Warsaw, and they must immediately withdraw all nonsense orders blocking the parliamentary mandate.
– our interlocutor assesses the president’s decision.
The exclusive prerogative of the President
According to the professor, the pardon law used by the president was and is not limited by anything.
The Constitution mentions the president’s prerogative and he can exercise it at any time. I believe that this previous pardon is still in effect. There is so much in the Constitution, and so much in this provision, that the president is exercising the power of forgiveness
– says the constitutionalist.
As emphasized by Prof. Grabowska, the President, starts the pardon procedure and submits a request to the Attorney General’s Office, currently to Min. Adam Bodnar. He must respond to this request and give appropriate instructions to the prison service.
This must be done immediately. These are people who are not eating meals, whose lives and health are in danger and who should still be with their families today
– she emphasized in an interview with the wPolityce.pl portal
Can Bodnar refuse the president in such a situation? Prof. Grabowska emphasizes, among other things, that Bodnar, as attorney general, must agree to the president’s request, because the president is not limited in applying the law of pardons.
The prosecutor does not judge the validity of the president’s use of the pardon law, but activates the prison system to release these people. As Minister of Justice he must carry out this procedure to the end.
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Source: wPolityce