On 20 October 2023, the Vice-President & Executive Director of the Open Dialogue Foundation (ODF) Martin Mycielski and Chair of the Supervisory Board Bartosz Kramek were hosted by member of the State Tribunal, lawyer, and attorney Jacek Dubois in an interview entitled “Rachunek za prokuratora” (“Footing the bill for a prosecutor”).
In this hour-long interview, they discussed the topic of PiS (Law and Justice) abusing the rule of law in Poland, and specifically, the politicisation of the National Public Prosecutor’s Office under Zbigniew Ziobro. The discussion was based on the third edition of the report created by ODF, together with the “THEMIS” Judges’ Association, entitled “Polish Public Prosecutor’s Office: Selected Cases of Malicious Prosecution and Dereliction of Duties since 2015”.
The interview began with Martin and Bartosz explaining how ODF was established back in 2009 by Lyudmyla Kozlovska, initially focusing on the abuse of human rights in post-Soviet countries, such as Ukraine, Russia, and Kazakhstan. Following the rule of law crisis in Poland starting in 2017, its attention shifted home to Poland.
When Bartosz published the manifesto “Let the State Come to a Stop: Let’s Shut Down the Government!” on Facebook, not only Bartosz, Lyudmyla, and Martin, but also ODF faced politically motivated attacks from the PiS government. From political and judicial persecution, harassment, and searches, to even illegal surveillance involving the scandal with the use of Pegasus by the government, Bartosz and Martin highlighted how the National Public Prosecutor’s Office has been politicised by Zbigniew Ziobro as a tool against political opponents.
Moreover, “Polish Public Prosecutor’s Office: Selected Cases of Malicious Prosecution and Dereliction of Duties since 2015” identifies cases of abuse and misuse of prosecutorial powers to pursue political goals or silence opposition and critics. This includes the prosecution of individuals based on fabricated charges and failure to investigate various crimes, like corruption, linked to the ruling party. The report also documents cases of individuals being targeted for ideological or political beliefs or actions, including independent prosecutors, judges, activists, and journalists.
Bartosz himself faced charges of money laundering, despite numerous audits and investigations by independent authorities that all found no evidence. There were even cases of Polish entrepreneurs and businessmen, like Przemysław Krych and Piotr Osiecki, facing politically motivated persecution and corporate raidership.
Bartosz and Martin also discussed the sister project, Listy Hańby (Hall of Shame), a new platform aimed at tracking the abuses of the rule of law in Poland committed by the political party PiS (Law and Justice) and its cronies during its majority government between 2015 and 2023.
Covering all levels of government, from the Prime Minister, Ministers, and the PiS Chairman, to neo judges and prosecutors, and even the police, Hall Of Shame aims to facilitate the reckoning vis-à-vis PiS and its systemic abuse of the rule of law, as announced by the new Prime Minister and ex President of the European Council Donald Tusk.
By drafting indictments with the pro-bono help of lawyers, judges, and prosecutors, ODF documents cases of PiS and its cronies breaking the law, including cases of abuse of power, acting to the detriment of public interest, participating in an organised criminal group, attacking constitutional institutions, and even influencing judicial proceedings.
Source: gf24.pl
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- Gazeta Wyborcza: Entrepreneurs, you are not powerless. You have a vote! (October 13, 2023)
- Rzeczpospolita: How Zbigniew Ziobro’s Public Prosecutor’s Office ‘Broke Businessmen’s Backs’ (October 11, 2023)
- WNP: Judges report on prosecutor harassment of business (October 11, 2023)
- Rzeczpospolita: Cezary Szymanek: Public Prosecutor and Judge in Service of Party: How PiS Breaks Businessmen (October 11, 2023)
- Money.pl: How Zbigniew Ziobro’s Public Prosecution Office “Broke Businessmen”. Report on Harassment (October 11, 2023)