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Igor Tuleya – the judgment of the European Court of Human Rights in his case. Sylwia Gregorczyk-Abram comments

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As the European Court of Human Rights has ruled, Poland is to pay EUR 36,000 for the violation of Judge Igor Tuleya’s right to a fair trial, to privacy and freedom of expression. The judge’s attorney, attorney Sylwia Gregorczyk-Abram, spoke on TVN24 about what this verdict means on the initiative of Wolne Sądy.

European Court of Human Rights announced on Thursday judgment on two complaints filed by Judge Igor Tuleya. The decision 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 judge is to receive 36,000 euros from Poland.

Tuleya on the judgment of the ECtHR: this is another victorious battleTVN24

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The verdict “reiterates that the judge has not so much the right, but also the duty to stand on the side of values”

Tuleya’s attorney, Sylwia Gregorczyk-Abram, a representative of the Free Courts initiative, spoke on TVN24 about what results from this judgment. This is a judgment that is important on several levels. Firstly, it confirms the scale of the destruction of the judiciary in Poland, because it looks at the way judges are appointed and says that the legislative and executive powers had excessive influence on the way judges are appointed, she replied.

She noted that “this sentence also concerns the freedom of expression of judges” and “reiterates that a judge has not so much the right, but also the duty to stand on the side of values, he is obliged to speak out on socially important matters, because this is also the essence of the judge.” – There is also a lot in this judgment about interference in the private life of the judge, about what the state apparatus did to him, waiving his immunity, launching a wave of hate speech against the judge – she pointed out.

Sylwia Gregorczyk-AbramTVN24

When asked what needs to be done for the sentence to be implemented, Gregorczyk-Abram explained that “the judgment of the European Court of Human Rights is implemented on two levels”.

– At the level of the state-individual, there is just satisfaction, 30,000 euros. In the state-law relationship, it is important to implement this judgment in such a way as to implement what the Tribunal stated, i.e. if the Tribunal, once again, indicates specific violations precisely in the manner of appointing judges, then in a democratic state ruled by law, for example Iceland it shows, it should just be done, she explained. – To this day, we know that previous judgments in this regard have not been implemented – she noted.

Judge Tuleya answers Deputy Minister Kaleta and offers him a bet

Judge Tuleya answers Kaleta and offers him a bet. Stake – departure from politics or from the courtTVN24

“When the government loses, and it loses all the time, in European courts, it stamps its foot”

The lawyer was asked about reaction of Deputy Minister of Justice Sebastian Kaletawho stated that “this judgment has no binding force, which results from the jurisprudence of the Constitutional Tribunal” and that the government cannot pay Tuleya “the indicated amount due to the wording of the judgment of the Constitutional Tribunal”. – It is terrifying that the Polish government is once again saying that the European Court has exceeded its competence – she replied.

– The European Court of Human Rights is composed of the most outstanding lawyers, perfectly educated, who are professionals in the true sense of the word. And we are already hearing that the Luxembourg Court (Court of Justice of the European Union – ed.) exceeds its powers, because it issues judgments that are not in line with the government’s wishes. The Court in Strasbourg (European Court of Human Rights – ed.) is the same. So when the government loses, and loses all the time, in European tribunals, it stamps its foot and says that the tribunal exceeded its competences, we should not deal with such a verdict – she pointed out.

In the European Court, ‘there really are ordinary human cases’

In the conversation, Gregorczyk-Abram noted that “there are thousands of cases in the European Court of Human Rights concerning human matters.” – You make extensive use of complaints from the European Court of Human Rights. There may come a day when the government will say on these matters pensionschildcare or the right to privacy, that he will not carry out these sentences because they do not like them – she noted.

When asked with what issues people end up with the European Court of Human Rights, she mentioned that “these are cases of individual citizens, concerning the right to a court, excessive length of proceedings, childcare, various types of discrimination.”

“These are really ordinary human cases that the Tribunal scrutinizes meticulously. It is not just that Judge Igor Tuleya can take his case to the European Court of Human Rights. This tribunal is for people, it has always been for people and Poles really use the institution of complaints en masse – she emphasized.

When asked what a citizen might think when he hears the deputy minister of justice declare that the Polish government will not recognize individual judgments, the lawyer replied that in such a situation “we fall into the category of countries such as Russiato Category B countries and our reputation is already tarnished internationally.

– This week the European Commission released rule of law report in the member states and one of the first points is that Poland does not implement the judgments of the CJEU and the ECtHR on a massive scale – she pointed out. She added that “there are more unexecuted sentences, especially those related to this so-called reform of the justice system.”

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 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 Liability 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 2022, the Warsaw-Praga District Court issued a final judgment on reinstatement of the judgesuspended in November 2020 by the Disciplinary Chamber of the Supreme Court. Despite this, Tuleya was not immediately allowed to adjudicate.

Main photo source: Sławomir Kamiński/Agencja Wyborcza.pl

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