The Supreme Court finally acquitted the opposition activist for violating the inviolability of police officers during the April protest in defense of judge Igor Tuleya. Grandma Kasia was arrested during a demonstration in front of the Supreme Court building.
– A police intervention was initiated against the participants of this assembly, which in the case of the acquitted was a disproportionate use of coercive measures, in view of the purpose of this assembly and its peaceful course – judge Marek Pietruszyński said in the justification of the Tuesday ruling of the Supreme Court.
The policemen said they were kicked and yanked
To the events that became the subject of the indictment, it happened on April 21, during a protest right in front of the Supreme Court building. The demonstration was related to the meeting of the Disciplinary Chamber of the Supreme Court, which was then examining the prosecution’s motion to detain and forcibly bring Judge Igor Tuleya to the prosecutor’s office.
As the Warsaw police informed at the time, a group of people blocked, among others, entrance to the parking lot. The police said that three people had been arrested in connection with this protest. The accusations were heard, among others, by Mrs. Katarzyna, an activist known more widely as Grandma Kasia. They concerned insulting the officers and violating their inviolability “by kicking their legs, jerking and pinching the hand”.
At the end of April this year the Warsaw district court acquitted the woman, pointing to: the peaceful nature of the protest, the lack of traffic blocking and the discrepancy between the motion for punishment and the image of the entire incident resulting from the recordings. In mid-June, the District Court in Warsaw upheld this acquittal.
The public prosecutor’s office lodged a cassation appeal against this final judgment in the second half of September. She assessed, inter alia, that the arguments cited by the courts may constitute the so-called extenuating circumstances, but may not be the basis for an acquittal in this case. The prosecutor’s office therefore wanted the case to be reconsidered in second instance.
Supreme Court: A cassation appeal is obviously unfounded
The Supreme Court in the Criminal Chamber on Tuesday dismissed the appeal as “manifestly unfounded”. As judge Pietruszyński said, there were no grounds to challenge the control of the factual findings in this case carried out by the second-instance court. – The SO’s decision proves the correct acceptance of a comprehensive analysis of all evidence, both personal and factual, including the essentially very objective evidence, i.e. video recordings of the assembly – he pointed out.
In the opinion of the Supreme Court, “it is undoubted that the assembly attended by the accused was of a spontaneous nature.” – It was convened by a group of people representing the part of society that adheres to the principles of a democratic state ruled by law in order to express their objection to the continuation of the activities by the Disciplinary Chamber – said judge Pietruszyński. – Such an assembly was not illegal and was subject to constitutional protection – he stressed.
He added that the circumstances of the case did not indicate that the acquitted’s behavior “constituted a public threat” – the woman stood during the protest at the place of departure from the parking lot, which “at the time recorded on the recording was not used by any car”. – If this was the case, then in the situation of the peaceful nature of a spontaneous assembly, public authorities should show a certain degree of tolerance so that the freedom of assembly guaranteed in the constitution would not lose its essence – emphasized the judge.
– This dose of tolerance on the part of the police authorities in relation to the acquittal’s behavior was lacking – summed up judge Pietruszyński
Main photo source: OKO.press