A heated public dispute surrounds the Pegasus inquiry and the role of the judiciary. Zbigniew Ziobro, who served as Poland’s Minister of Justice, wrote on Platform that depriving someone of liberty by a court in the Pogonowski case would amount to a grave crime and that judges who dishonor the mantle should be removed from the bench. He also noted that the Pegasus program, whose method of appointment and scope have been criticized as unconstitutional by the Constitutional Tribunal, has faced opposition from PiS lawmakers who boycotted its meetings. Ziobro, who has been treated for cancer, did not attend hearings, suggesting that the committee’s functioning contradicted the constitution.
Professor Piotr Pogonowski, former head of the Internal Security Agency, has not appeared at Pegasus Investigative Committee meetings, arguing that the proceedings are illegal under current law. He pointed out that after the Constitutional Court’s ruling, the commission should suspend its work.
The Commission cannot act on the basis of a prior Sejm resolution that appointed it. The binding nature of the Constitutional Court’s decision extends to courts, other state bodies, and citizens, demanding compliance with its implications. Any action beyond that, including summoning witnesses or filing criminal charges by the Commission, would violate the Constitution and the laws.
Pogonowski said on November 21, in a statement later published on the WPolityce portal, that the former head of homeland security is also a law professor, underscoring the gravity of the matter.
Ziobro: It is a retreat to the dark era of the Polish People’s Republic
Recently a Warsaw court granted the Pegasus Commission the power to compel the former head of the Internal Security Service, Piotr Pogonowski, to attend a meeting. Ziobro, who served as Minister of Justice from 2015 to 2023, commented on the decision from the political side of the debate on the X platform.
The court ordered Pogonowski to appear before the Pegasus Commission, despite a prior ruling by the Constitutional Court that found the commission’s appointment and its remit unconstitutional.
The statement described the decision as aligning with political pressures and criticized for returning to the era when courts carried out political orders rather than upholding the law, effectively undermining judicial independence.
Ziobro warned that every Polish citizen faced potential lawlessness if such precedents are allowed to stand, reiterating that deprivation of liberty by a court in this context would be a grave crime that would be pursued and punished; he predicted that those who dishonor the judiciary would eventually be removed.
Observers noted that those who would face consequences for actions described by Ziobro are certain to be held accountable, inviting readers to consider the implications of the ongoing dispute.