On Friday, the Ombudsman, Marcin Wiącek, asked the Minister of Justice, Prosecutor General Zbigniew Ziobro to explain and provide the reason and legal basis for disclosing the personal data of the victim in the case of 24-year-old Marika, who was convicted of attempted robbery. The National Prosecutor’s Office, in response to PAP’s questions, said that the statement made at the press conference “was a literal quotation of excerpts from the judgment of the Poznań court”.
It is about the press conference of the National Prosecutor’s Office organized on Wednesday (August 2), devoted to personnel decisions in the Poznań-Stare Miasto District Prosecutor’s Office in connection with Marika’s case. A woman in 2020 during a people’s manifestation LGBT in Poznań attacked, together with other people, one of the participants of the demonstration, trying to snatch her rainbow bag. The court sentenced her to three years in prison for attempted robbery. By decision of the Minister of Justice and the Prosecutor General Zbigniew Ziobro The 24-year-old was released. The law allows for a break in punishment during the course of the presidential pardon proceedings.
Ombudsman: the problem of secondary victimization raises doubts from the point of view of fundamental rights and freedoms
During the press conference, prosecutor Tomasz Szafrański from the National Prosecutor’s Office referred to this verdict, assessing that the court made gross logical errors when deciding the case. At the same time, the prosecutor revealed the name and surname of the woman injured by Marika.
Ombudsman on Friday Marcin Wiącek asked the Minister of Justice, Prosecutor General Zbigniew Ziobro for clarification in connection with this statement. “During the press conference, the full details of the victim were given. Therefore, I would like to kindly ask the Minister (…) to explain this matter, as well as provide the legal basis and reasons for public disclosure of the victim’s details” – wrote the Commissioner for Human Rights in a letter to minister.
At the same time, the Defender stressed that the problem of secondary victimization related to the disclosure of data enabling identification of the injured person raises doubts from the point of view of fundamental rights and freedoms.
The position of the National Prosecutor’s Office
She asked the National Prosecutor’s Office about the statement of prosecutor Szafrański and the reasons for disclosing the personal data of the injured party. In response to these questions, the PK spokesman, prosecutor Łukasz Łapczyński, emphasized that this statement “was a literal quotation of excerpts from the judgment of the Poznań court, issued after an open court hearing”. – Also, the announcement of the verdict was public and available to everyone, and the names of the accused and the victim were given there. This verdict was quoted by the prosecutor, Łapczyński said.
On July 14, Zbigniew Ziobro announced that he had decided to order a break in the execution of Marika’s imprisonment. The decision was made after the Institute’s request Ordo Iuris in this case. Then to the president Andrzej Duda received the application of the Ordo Iuris Institute for clemency for the woman. Ziobro also announced that he would file an extraordinary complaint against Marika with the Supreme Court.
READ IN CONTRACT24: Ziobro: Marika’s crime is “of minor importance”. Lawyers: The minister is wrong
Main photo source: PAP/Szymon Pulcyn