The judiciary has a clear and unambiguous position here. There was no pardon because the gentlemen were not legally convicted, said prosecutor Ewa Wrzosek from the “Lex Super Omnia” Prosecutors’ Association in “Fakty po Faktach” on TVN24. She referred to the pardon in 2015 by President Mariusz Kamiński and Maciej Wąsik. Michał Wawrykiewicz, from the “Free Courts” initiative, pointed out that “the situation from a legal point of view is absolutely clear and clean.”
Warsaw District Court on December 20 legally sentenced Mariusz Kamiński, former head of the Ministry of Interior and Administration and coordinator of secret services, and his deputy Maciej Wąsik to two years’ imprisonment in connection with the so-called land scandal. The other former bosses CBA they were sentenced to one year in prison. December 21, Marshal of the Sejm Szymon Hołownia informed that it had issued a declaring decision expiry of the parliamentary mandates of Wąsik and Kamiński.
However, they appealed against this decision to the Chamber of Extraordinary Control and Public Affairs of the Supreme Court.
However, the head of the President’s Cabinet, Marcin Mastalerek, said on Friday that “as of today the president is not considering another act of clemency.”
Wrzosek: the justice system has a clear position
This case was discussed in “Fakty po Faktach” on TVN24 by prosecutor Ewa Wrzosek, a representative of the Association of Prosecutors “Lex Super Omnia” and attorney Michał Wawrykiewicz from the “Free Courts” initiative.
– The justice system has a clear and unambiguous position here. There was no pardon because the men had not been legally convicted. Now the judgment is final and should be executed, Wrzosek said.
She pointed out that “you cannot pardon a person who has not been convicted by a final court decision.” – Just as a divorce cannot be granted to a couple who have not entered into a marriage but are still engaged, an unconvicted person cannot be pardoned – she explained.
The prosecutor said that there are two narratives surrounding this case. One is a legal narrative, and the other is a political one – that Kamiński and Wąsik consider themselves innocent. She stated that the legal narrative “is only a legitimate one, unlike a political narrative.” – Let’s not equalize these narratives – she emphasized.
Wawrykiewicz: this is a zero-sum situation from a legal point of view
Wawrykiewicz added that a resolution of the Supreme Court was issued in this case, which “clearly resolved this issue.” – It’s not like the president can have his opinion regardless of what he said Supreme Court, because it was the Supreme Court that decided that the law of pardon cannot be applied in a situation where there is no final judgment. So from a legal point of view, the situation is absolutely clear and clean, the lawyer pointed out. He added that “the state must act effectively and the state must bring these people to prison.”
– It’s not like this is any legal dispute. This is a zero-sum situation from a legal point of view, he emphasized.
Wrzosek: we are looking for paths that are anchored in the constitution
The program’s guests also discussed changes related to the reform of the justice system.
– I think we were aware somewhere in the back of our heads that this would not be an easy task, it certainly would not be a quick task – said prosecutor Wrzosek.
– I would compare this process to a general renovation of a house in which the plaster has already been chipped off and the floors have been torn up. While we still live in this house, we are renovating it, and somewhere behind us we hear voices that we could do some things better, faster, that the tiles could be of better quality. Yes, yes. Unfortunately, we do not have this comfort. So we are looking for ways that are anchored in the constitution, anchored in laws, that give us the opportunity to restore the rule of law, even with small steps, she added.
– This is a really very difficult task that now faces the current ruling coalition, Professor (Adam – ed.) Bodnar, to fix all this. But I have the impression that we are progressing at a good pace, said Michał Wawrykiewicz.
Main photo source: PAP/Leszek Szymański