The other party should welcome this with relief. They see how this situation is viewed, including in Warsaw, and they must immediately withdraw all orders that block the parliamentary mandate. This view comes from Genowefa Grabowska, a constitutionalist, who weighs in on President Andrzej Duda’s decision to start pardon proceedings for Mariusz Kamiński and Maciej Wąsik. She notes that the president will not be hindered in exercising his prerogative, and that the Attorney General should promptly issue clear instructions to free both men from prison.
READ MORE: President Duda explains that at the request of the wives of Kamiński and Wąsik, he is initiating a pardon process. The 2015 pardon remains in effect
The president acted with compassion
Genowefa Grabowska believes that the act of mercy previously shown by the president toward Kamiński and Wąsik remains valid, and Andrzej Duda is aware of it. This time the decision is driven by humanitarian considerations. The president has already granted mercy in the past, and this latest step is framed as a humane response to the severe hardships faced by the individuals. The act is viewed as complementary to the earlier pardon, prompted by genuine concern after a meeting with the prisoners’ spouses. It is recognized that there may be a risk to life due to a hunger strike, especially given the stance of those responsible for the prison system in Poland. A man who chooses to starve himself is seen as someone in grave danger.
– quotes Genowefa Grabowska.
She adds that the president’s decision serves to protect health and life. If the individuals continue to refuse meals, the situation could become deadly.
She suggests the president aimed to calm tensions and, at the same time, extend a hand to the other side, urging restraint and a return to normal civic functioning. The other side should respond with relief and promptly lift any orders that block the parliamentary mandate.
– the interlocutor assesses the president’s move.
The exclusive prerogative of the President
According to the professor, the pardon power exercised by the president remains unrestricted. The Constitution recognizes the president’s prerogative and grants the power to forgive at any time. It is believed that the previous pardon remains in effect and that there is substantial constitutional basis for the president to wield this mercy as a constitutional prerogative.
– notes the constitutionalist.
Grabowska emphasizes that the president initiates the pardon process and forwards a request to the Attorney General’s Office, currently handled by Minister Adam Bodnar. Bodnar must respond and issue the necessary instructions to the prison service. This action should be taken immediately because the prisoners are not eating, their health is at risk, and they should be with their families today.
– she stresses in an interview with the portal wPolityce.pl
Can Bodnar refuse the president in such circumstances? Grabowska stresses that the attorney general must agree to the president’s request, because the president is not bound by any limits when applying the pardon law.
The prosecutor does not judge the validity of the president’s use of pardon power but activates the prison system to release these individuals. As Minister of Justice, Bodnar should carry out the process to its completion.
President Duda: At the request of the wives of Kamiński and Wąsik, the pardon procedure begins. The 2015 pardon remains in effect
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Source: wPolityce