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The case of detained soldiers. Prosecutor Tomasz Janeczek “did not issue any decisions or guidelines.” And he was competent

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Tomasz Janeczek did not take any action in the case and did not request any additional information about the proceedings – the National Prosecutor's Office said in response to tvn24.pl's questions. A journalist from the portal and “Superwizjer” TVN asked her whether the Deputy Prosecutor General for Military Affairs, after taking over supervision, was interested in the case of Polish soldiers detained in March near the border with Belarus. The prosecutor's office also published a statement in which it emphasized that no one had limited Janeczek's competences because the regulations prohibit it. As the PG's deputy for military affairs, only Janeczek had “knowledge of this case and only he could and should inform the Prosecutor General about it.”

In the middle of March and April The Military Police detained three soldierswho fired warning shots during the refugee attack across the Belarusian-Polish border. The prosecutor's office confirmed that two soldiers were charged with exceeding their powers and endangering someone's life or health.

Prosecutor Tomasz Janeczek, appointed in his last days in office Zbigniew Ziobro Deputy Prosecutor General for Military Affairs, in May, personally supervised the proceedings in which charges were brought against soldiers intervening at the border – Maciej Duda, a journalist from tvn24.pl and TVN's “Superwizjer”, reported on Thursday.

The journalist reported that the content of the letter in the possession of the National Prosecutor's Office shows that on April 29, the deputy director for military affairs at the National Prosecutor's Office, Mieczysław Śledź, asked Janeczek to place the investigation of the District Prosecutor's Office in Warsaw under the highest official supervision. On May 6, Janeczek agreed to this.

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Read also: Detained soldiers. In May, the Ziobro prosecutor personally supervised the proceedings

Janeczek: I agreed to take over the case, I did not ask for information

According to information from Maciej Duda, the current management of the prosecutor's office did not know about this letter. Janeczek was supposed to hide it from them. Minister of Justice Adam Bodnar he emphasized that he “was not aware that this case was being investigated in the prosecutor's office.”

Janeczek assured twice on Thursday that he learned about the details of the proceedings from media reports. On Friday, when asked by journalists whether he had not requested such information himself, he replied: – I did not request this information, but it is natural that the prosecutor was appointed to carry out this supervision and I should receive the information.

To the reporter's suggestion that he was not interested in this matter, Janeczek replied: – This is your opinion, speculation and a lie.

See also: Prosecutor Janeczek: I agreed to take over the case, but I did not ask for information

Prosecutor Janeczek: I agreed to take over the case, but I did not ask for informationTVN24

“The supervision files do not indicate that Janeczek requested any additional information”

tvn24.pl asked the National Prosecutor's Office with questions about what actions Janeczek took after taking over supervision of the investigation. We wanted to know whether the military prosecutor checked what was happening and what the proceedings against the soldiers were all about, because prosecutor Mieczysław Śledź's letter shows that he warned Janeczek in advance that it would be of interest to public opinion. Janeczek's duties included obtaining information about the status of the case.

The response from the General Prosecutor's Office that Maciej Duda received on Friday shows that Janeczek did not take any action after taking over supervision.

“The supervision files do not indicate that prosecutor Tomasz Janeczek requested any additional information about the proceedings (apart from that included in the letter addressed to him of April 29, 2024). The supervision files do not indicate that he took any other activity in the case. No issued decisions or guidelines” – said prosecutor Przemysław Nowak, press spokesman for the National Prosecutor's Office.

A letter to Janeczek requesting that the investigation be placed under the highest official supervision

A letter to Janeczek requesting that the investigation be placed under the highest official supervision

PK: only Janeczek had the authority to act in this matter, his competences were not taken away

The National Prosecutor's Office also issued a statement on Friday evening regarding Janeczek's competences and his functions. It emphasized that the deputy prosecutor general for military affairs has “exclusive statutory authority” for official supervision over military matters.

Official supervision in matters subject to the jurisprudence of military courts is exercised by the Deputy Prosecutor General for Military Affairs. This is his exclusive competence. No order of the National Prosecutor could or did limit this right and obligation. Pursuant to Art. 29 § 2 point 3 of the Law on the Prosecutor's Office, “official supervision in matters subject to the jurisprudence of military courts is exercised by the Deputy Prosecutor General for Military Affairs.” The above provision shows that the Deputy Prosecutor General for Military Affairs, by virtue of the Act, is equipped with the exclusive right of official supervision over broadly understood military matters. The above authority (and obligation) to exercise exclusive official supervision over military affairs may not be withdrawn or limited by order or other executive act. Moreover, no additional legal regulation is necessary to establish that the sole person responsible in this respect is the Deputy Prosecutor General for Military Affairs. The Prosecutor General may, by way of an order, determine the scope of activities (competences and tasks) of the National Prosecutor and other deputies of the Prosecutor General. The last (and still valid) order in this regard was issued on March 28, 2024 by Prosecutor General Adam Bodnar (order No. 18/24 – a copy attached). It follows from paragraph 5 of this order that the competences of the Deputy Prosecutor General for Military Affairs, Tomasz Janeczek, include, among others: managing the current affairs of organizational units of the prosecutor's office in the scope of military matters, and in particular exercises the procedural rights of the Prosecutor General provided for in the laws in matters subject to the jurisprudence of military courts ; exercising official supervision in matters subject to the jurisprudence of military courts. The second point is a repetition of the statutory regulation. The above order and the Act (in particular Article 29 § 2 point 3 of the Law on the Public Prosecutor's Office) indicate that the National Prosecutor does not have the competence to exercise official supervision in matters subject to the jurisprudence of military courts. Even more so, he cannot limit, take away or delegate these powers to the Deputy Prosecutor General for Military Affairs. The practice at the National Prosecutor's Office was consistent with the above regulations. The National Prosecutor, including in particular Dariusz Korneluk, did not perform any activities in the field of official supervision over military matters. This also concerns the case of suspected abuse of powers by soldiers in connection with the use of weapons on the Polish-Belarusian border. The National Prosecutor learned about this case on June 6, 2024 from the media. The decision on official supervision over this case was made on May 6, 2024, by the Deputy Prosecutor General for Military Affairs, Tomasz Janeczek, who was the only person authorized to exercise such supervision. He was also the only deputy of the Prosecutor General with knowledge of this case and only he could and should have informed the Prosecutor General about it. As an aside, it should be noted that by order No. 44/24 of April 22, 2024, National Prosecutor Dariusz Korneluk repealed the order of the National Prosecutor of November 30, 2023, issued pursuant to Art. 13 § 3b of the Act on the Public Prosecutor's Office (regulating other detailed powers of the National Prosecutor). Pursuant to the above provision, the National Prosecutor could not delegate any powers regarding supervision over military matters, because this provision concerns other issues. Moreover, as indicated above, the National Prosecutor did not have the powers to exercise official supervision over military matters, much less could he delegate them to another deputy of the Prosecutor General (Deputy Prosecutor General for Military Affairs, who has these powers by virtue of the Act). The repeal of this order did not in any way limit the exclusive competence of the Deputy Prosecutor General for Military Affairs, Tomasz Janeczek, for official supervision over military matters.

The prime minister's motion to dismiss is on the president's desk

The motion to dismiss Janeczek from his position was signed by the Prime Minister and sent to the president on Friday Donald Tusk. At the same time, the Prosecutor General's Office issued a statement in the afternoon of that day, in which it indicated that the request was caused by a “complete loss of trust” in Janeczek resulting, among other things, from from his behavior after the case was revealed by the media.

President Andrzej Duda decided that there are currently no reasons why he would agree to dismiss Attorney Janeczek from his position.

Author:Maciej Duda, ek, adso

Main photo source: Rafał Guz/PAP



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