The Bar Council and the Bar Human Rights Committee have written a further letter of concern to the Polish President and Prime Minister, and Marshals of the Senate and Sejm following the decision of the Disciplinary Chamber to grant the prosecutor’s motion to waive Judge Tuleya’s immunity on 18 November 2020. As part of the decision the Disciplinary Chamber suspended Judge Tuleya from his professional duties and reduced his pay by 25%.
The letter condems the latest decisions as further undermining the independence of the Polish judiciary and constituting a violation of Judge Tuleya’s individual rights under the European Convention on Human Rights and the ICCPR. BHRC and the Bar Council reiterate the concern outlined in previous letters that Judge Tuleya’s case falls within the context of a series of wider measures which threaten the rule of law in Poland.
We again urge the relevant authorities to take steps to ensure that Poland complies with its obligations under the Constitution, pursuant to EU law and international law, respects the principle of judicial independence, and upholds the rule of law.Letter to Polish authorities re. Disciplinary Chamber decisions, 7 December 2020
This is the fourth letter that the organisations have sent to Polish authorities regarding this case. The organisations first wrote to Polish authorities on 19 March 2020 on the worsening rule of law crisis in the country, including the proceedings against Judge Tuleya. The second letter was written on 8 June 2020 and the third on 28 September 2020.
In those letters the organisations called upon the relevant Polish authorities to respect their obligations under the Polish Constitution, the European Convention on Human Rights, and European Union law; to comply with the judgement of the Supreme Court of 5 December 2019; to respect the resolution of the Polish Supreme Court of 23 January 2020; to refrain from actions and statements attacking and vilifying judges and prosecutors; and to take all necessary measures to suspend the operation of the Disciplinary Chamber and end the politicisation of the new National Council of the Judiciary.