– Not every doubt regarding the appointment of a state body means that it does not exist or that it was not effectively established – said Marcin Wiącek, Ombudsman for Citizens' Rights, in “Fakty po Faktach” on TVN24. He added that the act of appointing National Prosecutor Dariusz Korneluk was not questioned by the resolution of the Supreme Court. At the same time, he expressed the opinion that “the legal basis for the appointment raises some doubts.”
Last Friday, the Criminal Chamber of the Supreme Court ruled that the reinstatement and appointment of Dariusz Barski as national prosecutor in 2022 had a binding legal and constitutional basis and were legally effective. The resolution was adopted by judges selected with the participation of the neo-National Council of the Judiciary, in response to a question submitted by the Gdańsk district court.
The current national prosecutor, Dariusz Korneluk, took up the position after it was found that Barski's earlier nomination for this position was defective. Barski believes that he is still the national prosecutor.
Korneluk was a guest of “One on One” on TVN24 on Friday. He stated that the Supreme Court's position from last Friday “does not produce any legal effects“In his opinion, the decision was made by people who are not judges. – I would like to emphasize in particular that this position of the Supreme Court on Friday does not apply to me in any way,” he added.
Ombudsman: the act of appointing Korneluk was not challenged by the resolution of the Supreme Court
The Ombudsman was asked about this issue in Friday's edition of “Fakty po Faktach”. Marcin Wiącekprofessor at the University of Warsaw. – My opinion is that the legal basis for the appointment of Mr. Dariusz Korneluk actually raises some doubts – he said.
– I am obliged to maintain relations with the national prosecutor and I believe that I am bound by the act of appointing prosecutor Dariusz Korneluk – he noted. – It was not challenged in the proper manner, because the resolution of the Supreme Court, which was passed a week ago, was not a judgment questioning the act of appointing prosecutor Korneluk – he added.
Wiącek repeated that there are “doubts regarding this appointment.” – However, the mere fact that these doubts exist does not entitle me, as a spokesman, to question the Prime Minister's decision to appoint a national prosecutor – he said.
Ombudsman: not every doubt regarding the establishment of a state body means that it does not exist
When asked what a citizen should think at this point, Wiącek replied that “not every doubt regarding the appointment of a state authority means that this state authority does not exist or that there was no effective appointment.”
– There are appropriate methods and procedures that enable verification of these doubts. However, it is not the case that if there are allegations in the public space regarding the legality of any of the steps preceding the establishment of the institution, it immediately means that this institution does not exist – noted the Ombudsman.
– I also apply similar reasoning to judges appointed by the president after 2018 – he added.
“A very important problem from the point of view of human rights protection”
The TVN24 guest was also asked about the detention of the former politician on Thursday Janusz Palikotwho was transported to the prosecutor's office in Wrocław in handcuffs. The Commissioner for Human Rights replied that he did not want to comment on this specific case because he did not know the details. At the same time, he emphasized that “the putting on of handcuffs and such sometimes spectacular detentions is something that is indeed a very important problem from the point of view of the protection of human rights.”
– Unfortunately, there has been a problem in our country for years that from time to time we observe the detention of a person who, at first glance, shows no resistance, no problems with the officers, and yet is in handcuffs – he added.