On Thursday, the three -member composition of the State Tribunal was discontinued on Thursday with immunity and president of the Supreme Court Małgorzata Manowska. According to judge TS Piotr Sak, the reason for this decision was the lack of quorum and the lack of an authorized prosecutor. A separate sentence was reported by judge Józef Zych.
The Thursday decision was made in closed session, in a three -person composition with Piotr Andrzejewski (chairman), Piotr Sak and Józef Zych. The judges met in closed session in the room to which journalists had no access. In front of the room, a group of people protesting against the meeting, which they in their opinion, gathered unlawfully.
The request of the prosecutor's office to repeal Man's immunity concerned a total of three threads, including failure to make a meeting of the Tribunal of the State regarding the regulations of the TS. This case was initiated over a year ago by the letter of the eight of TS judges directed, among others to the national prosecutor.
The representative and president of the Supreme Court and at the same time the chairman of the State Tribunal Małgorzata Manowska, Bartosz Lewandowski, emphasized that due to the exclusion of openness, members of the Thursday meeting were instructed that they could not reveal his details. – However, I can reveal that by the decision of the State Tribunal has been discontinued today – he said. He added that Józef Zych reported a separate sentence.
SAK: The proceedings were discontinued from two foundations
The fact of redemption was also confirmed by PAP Piotr Sak. As he clarified, the proceedings were discontinued from two grounds – the lack of quorum and the lack of an authorized prosecutor. He added that the justification of the Thursday decision will appear on Friday on the website of the State Tribunal.
– A very important issue was the issue of authorizing the prosecutor who submitted this request – said Lewandowski, referring to the application for the revocation of immunity and the president of the Supreme Court. He added that “nothing prevents the correctly attached prosecutor to make a new conclusion.” “It's not like this matter is definitively completed after all,” he pointed out.
MEC. Lewandowski also added that without recognition a request of the National Prosecutor's Office was left to exclude from the composition of Andrzejewski and Sak precisely because he was submitted by “improperly authorized prosecutor.”
The reason for the conclusion – as the spokesman of the National Prosecutor's Office prosecutor Przemysław Nowak previously passed – was “justified doubt as to the impartiality” of both of these members of the Tribunal. Among the premises, the prosecutor's office indicated, among others Determining a TS meeting in a three -person meeting on Thursday, excluding openness and despite the previous setting by the full composition of TS.
Rosati: DHe treats the efficiency of redemption as lawlessness
After the Thursday ruling, one of the members of the Tribunal of State Przemysław Rosati told PAP that he treats the decision to discontinue as “lawlessness”. According to him, the prosecutor's office should “initially initiate proceedings and assess all the actions taken by Mr. Andrzejewski and Mr. Sak”, starting with “unlawful activities on August 29 this year, under which the” act “was taken, under which the gentlemen decided that 12 members of the Tribunal were excluded.”
Minister of the Special Service Coordinator Tomasz Siemoniak also referred to the decision of the TS on portal X. – The State Tribunal is not and will never be the private property of PiS. The unlawful protection of Mr Manowska's immunity issues to people involved in the worst party testimony – he wrote.
Why were the immunity of President to be lifted?
The application to repeal immunity and the president of the Supreme Court Małgorzata Manowska, who is also the chairwoman of the TS, was sent in July by the National Prosecutor's Office in connection with the suspected three crimes, including failure to comply with duties due to failure to meet the full session of the full composition of the State Tribunal in order to repeal its current regulations and adopt new.
In addition, the prosecutor's office's request is related to the suspension of the manual exceeding the rights in connection with the recognition of the validity of the voting of the Supreme Court College Despite the lack of quorum and failure to comply with obligations in connection with the failure to perform the final decision of the District Court in Olsztyn regarding the resolution of the then Disciplinary Chamber of the Supreme Court on the suspension of the judge Paweł Juszczyszyn. The Olsztyn court then granted the application to suspend the effectiveness and enforceability of this resolution of the Supreme Court.
Five TS judges then requested a meeting of the full composition of the Tribunal regarding the prosecutor's request. In August, information appeared that the meeting of the full composition of TS in this matter will take place on September 3. Then, the Plenipotentiary submitted a request to exclude a group of judges from the adjudicating panel, who were questioned as witnesses in the thread regarding the failure of the TS meeting. He pointed to the provisions of the Code of Criminal Procedure that the judge by virtue of law was excluded from participation in the case, if “he was a witness to the act that the case was pending, or in the same case he was questioned as a witness.”
This conclusion was recognized at the secret meeting of the TS in a three -person composition: Chairman Judge Andrzejewski, members – Zych and Sak Judges – decided to exclude 12 TS judges from the case. Lewandowski then stated that there was no composition of the Tribunal to recognize the prosecutor's application.
According to the National Prosecutor's Office, when deciding to exclude 12 judges of the State Tribunal, he incorrectly applied the provisions. Therefore, on September 3, prosecutors appeared at the meeting of the State Tribunal, as well as a group of judges, including Vice -chairman of TS Jacek Dubois, who did not accept the decision to exclude them from the case, considering that in the case of immunity matters the provisions of the CPC do not apply. At this meeting there was a row: statements in a raised voice, verbal scuffles, interrupting each other.
Ultimately, Andrzejewski announced a break and he and some judges left. After some time, Lewandowski informed journalists that he had received from Andrzejewski – as the chairman of the meeting – information that it was postponed indefinitely. However, 11 Judges of TS entered the room again, and the judge Zych among them announced the postponement of the meeting until September 22. The next day, Andrzejewski stated that the appointment of the TS meeting on September 22 by the person who was not chairman of the meeting was unauthorized.
Dubois: TS on the revocation of immunity meets only in full composition and explicit
Vice -chairman of the State Tribunal Jacek Dubois believes that the Thursday meeting of the TS in a three -person composition regarding the revocation of immunity and the president of the Supreme Court Małgorzata Manowska has no legal significance. In the matter of revocation of immunity, TS deliberates only in full composition and explicit – he emphasized.
Judge TS Piotr Sak informed PAP that on Thursday in a three -person composition the Tribunal discontinued the proceedings regarding immunity and the president of the Supreme Court Małgorzata Manowska. According to Sak, the proceedings were discontinued “from two basics: no quorum and no authorized prosecutor”. The meeting of a three -person squad was convened by its chairman judge TS Piotr Andrzejewski.
Jacek Dubois on TVN24 estimated that “what happened has no legal significance, because in the procedure for tilting immunity the law does not provide for such a three -like composition at all.” In his opinion, the TS only “in full composition and explicit” regarding the revocation of immunity. – So if he meets in some closed session, then probably in shame, because of the violation of the law, the gentlemen closed behind the mucus to hide what they are doing – he noted.
According to Dubois, this situation looks “more or less the same as three people wrote that they won in the totter.” “It has no legal significance,” he emphasized. As the legal significance emphasized, it is that the TS managers try to paralyze the actions of this organ and do it for one specific purpose: that Mrs. Manowska cannot be confronted with justice. And Mr. Andrzejewski is currently involved in the protection of his political friend – judge TS said.
– There was threats, in our opinion the documents were falsified, and the permissions were exceeded. There was finally something that is called in the PRL. That is, preventing the person who prosecutor chases to be punished and now, above all, we, as members of the Tribunal, decided to inform the minister (justice) of the Prosecutor General – said Dubois.
SNO/ NL/ SDD/ PAR Pab/
