Lifting the immunity of judge Morawiec. Commissioner: the judge should file a complaint

The Disciplinary Chamber of the Supreme Court on Monday evening illegally lifted the immunity of Krakow judge Beata Morawiec. This was requested by the prosecutor’s office, which intends to impose, among others corruption charges. The Supreme Court also decided to suspend Morawiec in her official duties and reduce her salary by 50%.

“I believe that in the current situation Judge Beata Morawiec should file a complaint with the European Court of Human Rights together with an application for interim measure (Rule 39)” – wrote Adam Bodnar on his Facebook profile. The Ombudsman emphasized that “although the ECtHR has not so far applied interim measures in cases involving judges, it may be high time to change the practice”.

“It must be shown that the decision of the Disciplinary Chamber of the Supreme Court leads to the risk of a serious and irreparable violation of one of the main rights guaranteed by the Convention,” we read in the entry.

According to the Commissioner for Human Rights, “if the Tribunal in Strasbourg wants to seriously deal with the challenges of the rule of law (and its own jurisprudence), it should do so in this particular case.”

Investigators intend to bring charges against the former president of the District Court in Krak√≥w and the president of the Judges Association “Themis” for misappropriation of public funds, actions to the detriment of the public interest in order to gain financial gain, abuse of powers and accept financial benefits. These acts are punishable by up to 10 years imprisonment.

Judge Morawiec categorically refutes these allegations. – I have nothing to complain about and I believe that these attacks are part of the political game – she said in an interview with PAP in September. Part of the legal community, including judges, declares support for it.

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