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Igor Tuleya. Judgment of the European Court of Human Rights – what does it contain?

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The European Court of Human Rights announced on Thursday a verdict on two complaints filed by Igor Tuleya. The decision stated that there had been a violation of three articles of the European Convention on Human Rights. The judge is to receive 36,000 euros from Poland. Tuleya assessed that “we can talk about success, but this is just another victorious battle.” “This is not yet a won war in defense of the rule of law,” he stressed.

JUDGE IGOR TULEYA WILL BE A GUEST ON THURSDAY “FACTS AFTER FACTS” at 19.30.

European Court of Human Rights announced on Thursday the verdict on two complaints from 2019 and 2020, filed by Judge Igor Tuleya. The justification stated that there had been a violation of three articles of the European Convention on Human Rights.

In the case of Art. 6 § 1 (right to a fair trial) and art. 8 (right to respect for private life), a violation was found by 6-1 votes, and in the case of Art. 10 (freedom of expression), the decision was taken unanimously, the ECtHR said.

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SEE THE MATERIAL “BLACK ON WHITE” ON TVN24 GO: Why is Igor Tuleya a judge inconvenient for the authorities?

“The case is related to the new disciplinary regime for judges in Poland. The complainant, Igor Tuleya, complained about five preliminary investigations initiated against him in 2018 on suspicion of having committed a disciplinary offence. In particular, he claimed that one of these investigations concerned an alleged his disclosure of sensitive information from the investigation files and led to the waiver of his immunity and suspension from his official duties for over two years by the Disciplinary Chamber of the Supreme Court,” reminded the European Court of Human Rights.

As reported by TVN24 reporter Karolina Wasilewska, Igor Tuleya is to receive 30,000 from Poland. euros and an additional 6 thousand. euros for legal costs.

Violation of the right to privacy and freedom of speech

– The European Court of Human Rights, also referring to cases that were pending before the ECtHR, invariably says that the Disciplinary Chamber was excessively influenced by the legislative and executive powers, that it was not an independent court – the reporter reported.

Igor TuleyaMarcin Obara/PAP

The ECtHR pointed to the issue of violation of the right to privacy. – For everything that happened around Igor Tuleya. Not only because of the decisions made in the Disciplinary Chamber at the Supreme Court, but also in connection with the actions that were taken against him in the public space – explained Wasilewska.

Judgment of the ECtHR in the case of Judge Igor Tuleya. Report from TVN24 reporter Karolina WasilewskaTVN24

The third issue is that of freedom of expression. The judgment reads that the judge also has the right to speak about his situation, he has the right to talk about the situation in terms of the legal status in Poland and he has the right to criticize it.

The TVN24 reporter pointed out that in the judgment the European Court of Human Rights mentioned i.a. one of Igor Tuleya’s interviews for TVN24, in which the judge talked about what was happening in his case.

– The European Court of Human Rights clearly states that judges can speak out, have the right to privacy, and above all, every citizen, including Igor Tuleya, has the right to a fair, independent court – summed up the TVN24 reporter.

Tuleya: the war to defend the rule of law continues

Judge Tuleya, who spoke at the Justice Defense Committee conference, said that “today we can talk about success, but this is just another victorious battle.” “This is not yet a won war in defense of the rule of law,” he stressed.

– Today’s success is not only the success of lawyers, my attorneys. First of all, this is the success of citizens who have been defending the rule of law since 2015 and were the first to defend free courts, said the judge.

He added that lawyers, professors from abroad and a former ombudsman were also involved in these proceedings Adam Bodnar “supported this complaint.”

He reiterated that “the war to defend the rule of law continues.” As he said, judges’ associations, as well as non-governmental organizations, submitted five bills that are to change the judiciary. – As long as the postulates contained in these projects are not implemented, this war for the rule of law and the independence of the judiciary continues – he assessed.

Igor TuleyaTVN24

The case of Igor Tuleya

In November 2020, at the request of the prosecutor’s office, the then Disciplinary Chamber of the Supreme Court, challenged as an independent body, liquidated and replaced by the Chamber of Professional Responsibility, validly waived the judge’s immunity.

According to investigators, Tuleya had exceeded his authority. It was about the investigation into the proceedings of the Sejm in the Column Hall of December 16, 2016, which was discontinued twice by the prosecutor’s office. In December 2017, the Warsaw district court, chaired by Tuleya, annulled the prosecutor’s decision to discontinue the investigation for the first time. The judge then allowed the media to record the oral justification of the court’s decision. According to the prosecutor’s office, this jeopardized the proper course of further investigation.

The prosecution repeatedly summoned Judge Tuleya to appear for questioning and to bring charges against him. The judge consistently refused to appear in the prosecutor’s office. He stressed that he had not recognized the Disciplinary Chamber as a court and the validity of the decisions taken by the chamber.

Read also: medinThe National Association of Judges “expresses full solidarity with Judge Tuleya”

As a consequence, investigators from the National Prosecutor’s Office applied to the Disciplinary Chamber for permission to bring him forcibly. In April 2021, the Disciplinary Chamber – composed of one judge, Adam Roch – did not comply with the prosecutor’s request and did not agree to detain the judge.

Tuleya: As Igor Tuleya, I'm happy.  But my position as a judge has not changed

Tuleya: As Igor Tuleya, I’m happy. But my position as a judge has not changedTVN24

The new Chamber of the Supreme Court overturned Tuleya’s suspension

November 29, 2022 The Chamber of Professional Responsibility of the Supreme Court upheld it decision of the now non-existent Disciplinary Chamber and did not agree to forcibly bring Judge Igor Tuleya to the prosecutor’s office for interrogation and to charge him with disclosing information from the proceedings. It also repealed the decision to suspend the judge from his duties and reduce his remuneration. The next day the judge stayed allowed to adjudicate.

In February 2023, the Supreme Court decided that the resolution of the Chamber of Professional Responsibility of the Supreme Court is final. When issuing the decision, Supreme Court judge Marek Siwek did not accept Tuleya’s motion to exclude two judges who had adopted the November resolution.

SEE MORE: The resolution to reinstate Igor Tuleya to work is “final”. The Supreme Court rejected the request

In March this year, the Warsaw-Praga District Court issued a final verdict on the reinstatement of a judge suspended in November 2020 by the Disciplinary Chamber of the Supreme Court. Despite this, Tuleya was not allowed to adjudicate.

Main photo source: TVN24



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