President Andrzej Duda has again signaled a potential pardon for MPs Mariusz Kamiński and Maciej Wąsik, while simultaneously asserting that his 2015 pardon remains important even as he revises his stance after acknowledging the gravity of the situation. In a recent conversation with Super Express, the president explained that he is prepared to consider a fresh act of clemency if it becomes the only viable way to protect the lives of the two lawmakers who are currently facing serious health challenges.
Another pardon?
Presently, Mariusz Kamiński is confronting a dire health condition, with reports indicating a continuous hunger strike. Maciej Wąsik is also described as engaging in a hunger strike. The president conveyed a wish for an end to these protests and suggested that if the only option to save their lives is to grant another pardon, he would consider it. This statement was disclosed during the interview with Super Express, illustrating the delicate and controversial balance he is attempting to strike between legal accountability and humanitarian concerns.
When pressed about the timing of Kamiński and Wąsik’s potential return home, the president expressed a hope that it would occur as soon as possible, underscoring the urgency of the situation and the human dimensions involved. Critics argue that the use of clemency in this context could set a precedent with wide political ramifications, while supporters contend that extraordinary circumstances deserve extraordinary responses and that the constitutional framework provides room for discretionary action in the interest of justice and mercy.
In a separate remark, the president said he had reached out to Minister Adam Bodnar to explore options that might reduce or prevent the need for continued imprisonment by creating conditions that could allow for a more lenient or alternative arrangement. He lamented that Bodnar had not taken advantage of these possibilities, describing the situation as shocking and brutally unresolved. The statements reflect ongoing tensions between the executive branch, the judiciary, and civil society groups that watch and critique the use of presidential pardons within Poland’s constitutional order.
Chairman: ‘My pardon is still in effect’
Adding nuance to the ongoing debate, the president reiterated that his 2015 pardon remains in force, insisting that the action was granted within the framework of the Polish Constitution and that this constitutional compliance was later confirmed by the Constitutional Court. He argued that the continuing validity of the pardon is clear not only to the judicial community in Poland but also to parts of the legal community, some of whom have shifted their positions over time yet now claim the Kamiński and Wąsik pardons were unacceptable. From his perspective, both the constitution and the high court’s affirmation justify the action and the ongoing legitimacy of the mercy extended two years prior.
In his view, the pardon process reflected a constitutional approach rather than a political one, and he asserted that critics who doubt the legality of the pardon have to acknowledge the court’s confirmation. The president underscored that the action was not a violation but a permissible exercise of presidential authority grounded in constitutional provisions, which, in his reading, were not overturned by later shifts in legal opinion. This stance continues to fuel a heated discussion about the boundaries of presidential clemency, the role of the judiciary, and the responsibilities of public officials in times of crisis.
The broader debate encompasses how clemency interacts with parliamentary politics, the rights of prisoners, and the potential consequences for rule of law and constitutional integrity. Analysts and observers note that such pardons can influence political loyalties, shape public trust, and become mobilizing points for diverse factions with competing interpretations of justice and mercy. The ongoing discourse reflects Poland’s evolving constitutional culture and the enduring question of how executive mercy should function in relation to accountability and fundamental rights.
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Source: wPolityce