- The resolution of the Supreme Court means that in the event of dismissal of officers who were subject to deubekization, the courts should individually assess the actions of each former employee of the services from the PRL period.
- – We cannot act as a totalitarian state, one that does not give a person the right to a fair trial – said judge rapporteur Bohdan Bieniek.
- Zbigniew Ziobro was an ardent supporter of introducing the solutions criticized by the Supreme Court today. The Supreme Court’s decision is his failure, because the resolution of this court will be a clue and a direction indicator for courts hearing appeals of former officers against decisions to reduce their salaries
- During today’s hearing, the representative of Ziobro requested that Judge Józef Iwulski be excluded from the composition – due to the fact that in the 1970s he had received military training at the WSW – about which the prosecutor was supposed to find out from Wikipedia
- He also wanted the case in the Supreme Court to be postponed until the Constitutional Tribunal would settle the issue of disubecition. This, however, has been struggling with it for two and a half years – to no avail
- Both motions of the prosecutor, Zbigniew Ziobro’s representative, were dismissed
– The criterion of service to a totalitarian state should be assessed on the basis of all the circumstances of the case. Including individual acts in terms of violation of human rights – such a verdict of the seven-member Supreme Court was presented today by Judge Józef Iwulski, chairman of the panel.
He himself, as revealed by Onet, was a military judge in the times of the Polish People’s Republic. According to IPN documents, his name appears in the trials of opposition activists.
As judge Iwulski added, the doubts surrounding the disubsection should finally be resolved. – The case has been going on for many years. This judgment will be important in many cases – he emphasized.
– We cannot act as a totalitarian state, one that does not give a person the right to a fair trial – said judge rapporteur Bohdan Bieniek. – We would then become the same system that we criticize.
He also added that the legal system should be interpreted in a thorough manner. – It requires an insightful look, we must perceive it as a whole – emphasized judge Bieniek. – If we break away from this axiology, if the interpretation of the law is to be made in anger that will overcome prudence, then the result of such an interpretation cannot be defended. – acknowledged.
– I am pleased with this resolution, because it stated directly that in order to lower someone’s pension, the criteria and type of tasks performed must be taken into account. That is, the decubekization can only cover those people who in their actions violated civil rights and freedoms – emphasizes in an interview with Onet, Maj. ABW retired Jacek Mykita.
– The resolution of the Supreme Court precisely defines the procedure to be followed in appeal cases, and at the same time imposes an obligation on the Institute of National Remembrance to present specific evidence of criminal activity in the case of people who want to reduce their pensions – adds a member of the Federation of Uniformed Services Associations.
– In cases similar in nature, we will certainly be guided by the content of this resolution. This is a direction and a signpost that must not be overlooked, says Onet, an experienced judge of the Labor and Social Insurance Department of one of the courts of appeal. He intentionally wants to remain anonymous, as he adjudicates in similar cases regarding disubsection. – The resolution of the Supreme Court means that the police pension authority will be obliged to prove that someone in their actions worked for the benefit of a totalitarian system, i.e. – in accordance with the resolution of the Supreme Court – committed acts against civil rights and freedoms – he explains. – Only such conditions, according to the resolution of the Supreme Court, will entitle to a reduction in the salary – he acknowledges.
Since the beginning of 2017, when the decubitation act entered into force, over 24,000 appeals against the decision to withdraw some of the pensions. people. In a significant proportion of cases, the courts suspend these proceedings – all because in February 2018 a legal question concerning this case was submitted to the Constitutional Tribunal.
The Tribunal has already postponed the hearing in this case several times, the last time it did so on 11 September. The act was dealt with by the full panel of judges – this is how the most important issues are resolved. Most of the 15 judges of the Tribunal are lawyers appointed by PiS, so theoretically, the ruling should be a formality – so far, these judges were largely guided by the indications of the head of the Tribunal, Julia Przyłębska, who flaunts her contacts with Jarosław Kaczyński. But with Julia Przyłębska has a problem with the decubitation act.
The deubekization act is one of the most controversial projects by PiS. On its basis, pensions were drastically reduced for those officers of the police, the Internal Security Agency, intelligence, counterintelligence, CBA, the Government Protection Bureau or the Prison Service, who even briefly worked in the communist secret police or other formations that PiS considered key in the People’s Republic of Poland. Theoretically, even one day of such service is enough. In total, about 40,000 were fined. people. The cuts also included pensions for the families of fallen officers, even if they died in the service of the Third Polish Republic.
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