The ruling has drawn sharp criticism for its amount, which PiS argues is unreasonably low. Spokesman Rafał Bochenek said that such outcomes are unusual, especially since the cassation appeal is still pending before the Supreme Court. He referred to the decision as a ruling issued against the party’s leader and to the head of PiS as the subject of the costs being imposed.
READ ALSO: A surprising court move involves a payment by Jaroslaw Kaczyński to Radosław Sikorski, with a sum reported to exceed 700,000 zloty.
Lawyer Jacek Dubois announced on social media on Thursday that the court had unlawfully ordered the former minister of foreign affairs, now a Member of the European Parliament, Radosław Sikorski, to cover the costs of apologies published on the Onet website for PiS president Jarosław Kaczyński.
The dispute stems from a 2016 interview, given after the PiS victory, in which the PiS leader discussed the Smolensk catastrophe and criticized the government led by PO-PSL for what he described as failures. In that interview, Kaczyński described Sikorski as having committed diplomatic treason through his remarks.
Commenting on the court’s decision, Bochenek told the press agency that the amount was irrational and entirely inadequate.
I do not recall seeing rulings of this kind before, especially while the cassation proceedings remain before the Supreme Court
Bochenek added. He noted that customary practice would be to suspend the execution of the ruling until the Supreme Court resolves the case.
He argued that the decision touches on free speech and constitutional rights, and that the ruling effectively deprives people with differing opinions of their right to freedom of expression, a cornerstone of democracy
Bochenek further stated that there is little surprise in the involvement of a PO politician and the German portal Onet in the complex proceedings
Bochenek then emphasized the ongoing nature of Sikorski’s case
Sikorski’s legal action
In December 2016, Sikorski filed a lawsuit seeking a public apology from Kaczyński for remarks alleged to have harmed his good name, honor, and dignity. Sikorski also sought financial compensation for the Foundation for Poland. The defendant chose to dismiss the lawsuit at that time.
The dispute also centers on a 2016 interview with Onet.pl in which Kaczyński spoke on a range of topics, stating that no Smolensk investigation had targeted Sikorski and that his own knowledge did not come from the investigation. He criticized the prior government and described actions as influenced by external actors, including remarks about the extraterritoriality of the crash site and notes reportedly submitted by Piotr Marciniak. He described the matter as involving serious questions of diplomatic treason and noted the role of various officials and political figures in the sequence of events.
In June 2018, a Warsaw court ruled that Kaczyński did not have to apologize to Sikorski for his statements that were framed as diplomatic betrayal in connection with actions after the Smolensk disaster. The court found that Kaczyński’s statements fell within the permissible limits of political criticism, particularly given the public status of the individuals involved.
In July 2020, following a higher court review, the Warsaw Court of Appeals amended the verdict to hold that Kaczyński had violated Sikorski’s personal rights and required the publication of an apology. An appeal in cassation was lodged with the Civil Chamber of the Supreme Court against that ruling.
tkwl/PAP