“I support the actions of the Secretary of Justice, Attorney General Adam Bodnar. The Attorney General sets the policy and prosecutors must adapt to it,” said Tomasz Siemoniak, Minister Coordinator of Special Services. He also stated that he expected the Pegasus investigative committee to clarify who made the decision on oversight, how and why. The Sejm will appoint a committee on the issue next week.
The Justice Department announced yesterday that the reinstatement of prosecutor Dariusz Barski to active duty in 2022 took place without legal basis. As reported by the Ministry of Justice, this means that as of January 12 this year, because he is no longer on active duty, he does not meet the requirements to be a National Prosecutor and has not fulfilled this position since January 12.
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Siemoniak: I fully support the actions of the Minister of Justice
Tomasz Siemoniak, minister and coordinator of special services, was asked in an interview with journalists about changes at the National Public Prosecutor’s Office.
I fully support the actions of Attorney General Adam Bodnar
– declared the politician.
The arguments are clear. Legal advice confirms this
– he said.
I am very surprised that anyone would not want to acknowledge a rather obvious fact, because it is not even a matter of relationships, but a matter of law.
– added.
When asked whether there could be paralysis at the prosecutor’s office, Siemoniak replied that he did not want to comment on this.
I count on the responsibility of the prosecutors. This is a hierarchical organization – there is the Attorney General, he sets policy and I believe that all prosecutors must adapt to this
– he emphasized.
The Ministry of Justice also announced on Friday that Jacek Bilewicz, prosecutor of the National Public Prosecutor’s Office, has become acting National Prosecutor. The National Prosecutor’s Office, in turn, states that the position of the National Prosecutor is in the hands of Dariusz Barski, and the letter from Attorney General Adam Bodnar, in which he indicates that the National Prosecutor is – in his opinion – a retired prosecutor, does so not. do not produce any legal consequences.
In a statement sent to PAP on Saturday, the deputy attorney general wrote that “entrusting Prosecutor Jacek Bilewicz to the position of Acting National Prosecutor, bypassing the procedure of the Public Prosecution Act, is ineffective.”
““Maybe the president still can’t admit he made a mistake in 2015.”
Siemoniak was also asked about the issue of President Andrzej Duda pardoning PiS politicians Mariusz Kamiński and Maciej Wąsik.
Perhaps he still cannot admit that he made a mistake in 2015, as the Supreme Court noted, namely that the pardon simply had a defect.
– said Siemoniak, who positioned himself as an oracle regarding the provisions of the Constitution.
President Andrzej Duda announced on Thursday that he had initiated pardon proceedings against Mariusz Kamiński and Maciej Wąsik at the request of their wives. He emphasized that the proceedings would be conducted in “presidential mode.” He also asked the Attorney General to suspend the execution of the sentence and release them from custody for the duration of the pardon proceedings. Adam Bodnar has not yet agreed to this request.
Unrecognized pardon law
In March 2015, Mariusz Kamiński and Maciej Wąsik – former head of the CBA and his deputy – were unlawfully sentenced to three years in prison and banned from holding public positions for ten years for exceeding their powers in connection with the action of the CBA regarding the so-called land scandal. In the trial of the former heads of the CBA, the court ruled that Kamiński had planned and organized the CBA provocation, although there was no legal or factual basis for initiating the CBA action at the Ministry of Agriculture, headed by Vice Prime Minister Andrzej Lepper. .
The illegally convicted former heads of the CBA were pardoned by President Duda on November 16, 2015 in accordance with the provisions of the Constitution of the Republic of Poland. This pardon is subject to virtually no conditions, is beyond dispute and, according to the law, should put an end to the case of Kamiński and Wąsik. However, the case was returned to the docket in connection with the Supreme Court’s June 2023 ruling.
The Supreme Court of the Criminal Chamber, after cassation appeals filed by assistant prosecutors, annulled and remanded the termination of the case of the former heads of the CBA, filed by the District Court in Warsaw in March 2016 in connection with the pardon law applied by the President the case to the Supreme Court for reconsideration. On December 20, 2023, the Warsaw District Court sentenced Kamiński and Wąsik to two years in prison. On January 9, during the absence of the President of the Republic of Poland, police broke into the Presidential Palace and arrested Mariusz Kamiński and Maciej Wąsik there.
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– OUR NEWS. We know where the attempt to fire Barski comes from! Bodnar’s action is, among other things, the result of an investigation into the police burglary of the presidential palace
– The Deputy Prosecutors General will report Bodnar’s actions! Ostrowski: A clumsy attempt to circumvent the law
The Pegasus Case
Next week, the Sejm will appoint an investigative committee to investigate the legality, regularity and purposefulness of the operational and reconnaissance activities carried out, including: use of Pegasus software. Tomasz Siemoniak said this case is one of the most important in recent years, when “illegal surveillance was carried out, violations of regulations, surveillance of important opposition politicians, including the head of our election campaign, prosecutors and lawyers.”
In addition to the fact that an audit is underway at the services dealing with the problems of these types of instruments, I expect that the investigative committee will provide clarification as to who made such decisions, how and why.
– he emphasized.
On the one hand, we are dealing with a certain instrument used by the services, but politicians are behind it – starting from the purchase decision, the use of the Justice Fund and then the question of how the data of this illegal surveillance was obtained . used.
– Coordinating Minister Siemoniak told journalists.
There will be an investigation committee
November 21 last year MPs of the KO club submitted a draft resolution on the establishment of an ‘investigative committee to investigate the legality, regularity and purposefulness of, among other things, operational and reconnaissance activities undertaken: with the use of Pegasus software by members of the Council of Ministers , secret services, police, tax control and customs and budgetary control authorities in the period from November 16, 2015 to November 20, 2023.”
According to the draft, “operational and reconnaissance activities” should be understood as “operational control, including control and recording of the content of telephone conversations, control of correspondence, as well as any other activities involving control or recording using technical means of the content . of conversations or transfers of information, including correspondence sent by email or via instant messaging.
The committee’s duties will include, among other things, the following: investigating and assessing the legality, accuracy and purpose of Pegasus and other related software, as written “in particular the actions taken for this purpose by members of the Council of Ministers, the Minister of Justice, Attorney General Zbigniew Ziobro and the prosecutor’s office and authorities accused of prosecuting crimes, including the head of the CBA Ernest Bejda. The commission must also determine who was responsible for the purchase of Pegasus and similar tools for the Polish authorities. The Commission will also seek, inter alia, to investigate whether operational and reconnaissance activities with Pegasus against Polish citizens were legal, correct and targeted.
New ABW branches?
Siemoniak was also asked if he would create new ABW delegations.
In government consultation is a new draft statute of the Internal Security Service, which includes a very rapid restoration of all 15 delegations, as we maintain that this is not necessary in Warsaw, as there is a headquarters
– he said.
Certainly, all delegations will be reinstated this year and in the coming months
– added.
The superficiality of Tomasz Siemoniak’s unfounded observations is not surprising. Party solidarity in KO is mandatory.
READ ALSO:
— Wójcik: The Pegasus Commission should check the period from 2007 onwards. I will retable the amendment. Why don’t you know what happened then?
— Siemoniak defends the SKW’s cooperation with the FSB: “When it comes to Poland’s interests, you can even talk to the devil.” Cenckiewicz responds
— Project on the Pegasus research committee submitted to the committee. There was a heated discussion earlier. ‘This borders on treason’
PAP/rdm
Source: wPolityce