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Council of Europe lifts immunity for Polish MP suspected of corruption

02.10.2024 23:00
The Parliamentary Assembly of the Council of Europe (PACE) voted on Wednesday to lift immunity for Polish lawmaker Marcin Romanowski, allowing for his potential detention in an ongoing corruption investigation.
Marcin Romanowski
Marcin RomanowskiKrzysztof Świeżak/Polskie Radio

Romanowski, a delegate to PACE and a former deputy justice minister, is accused of rigging competitions for funds and participating in an organized criminal group involving over PLN 112 million (around USD 26 million).

In a vote held at PACE's headquarters in Strasbourg, 85 of 111 delegates supported the motion to revoke Romanowski's immunity, with 23 voting against and three abstaining.

This marks the first time PACE has lifted a delegate's immunity since its establishment.

The request to lift immunity was submitted on Sunday by Poland's Justice Minister and Prosecutor-General Adam Bodnar.

Romanowski's immunity as a PACE delegate had previously prevented his arrest in Poland, where the National Public Prosecutor's Office alleges he manipulated grants from the Justice Fund—a state fund intended to support victims of crime and rehabilitate offenders—during his tenure as a deputy minister of justice from 2019 to 2023.

"The immunity was lifted to allow the administration of justice," PACE stated in its resolution.

The assembly added that it expects Polish authorities to ensure a fair and impartial legal process, respecting both national laws and the guarantees provided by the European Convention on Human Rights.

Heike Engelhardt, the head of PACE's Regulatory Committee and a German Bundestag member, said that Romanowski left Strasbourg and returned to Poland after learning of the request.

He informed her via email that he intended to prepare for a hearing before the committee, which he ultimately did not attend.

During the debate, Polish MP Paweł Jabłoński from the right-wing Law and Justice (PiS) party, argued that proceeding at such a rapid pace did not allow Romanowski sufficient time to prepare his defense, highlighting that the Convention on Human Rights guarantees the right to defense.

Jabłoński appealed for the Regulatory Committee to reconsider the request, but delegates voted against it.

Magdalena Biejat, a senator from Poland's Left group, countered that PACE's role is not to judge Romanowski but to allow Polish courts to do so.

"Our role is to let the Polish court judge him," she said, adding that concerns about Romanowski not receiving a fair trial are unfounded.

Last Friday, the District Court in Warsaw declined to approve Romanowski's arrest due to his PACE immunity.

The National Public Prosecutor's Office has expressed concerns about potential obstruction of justice if Romanowski remains free.

PACE, comprising delegates from 46 member countries, grants immunity to its members to protect them from legal proceedings that could hinder their official duties.

In Poland, this immunity extends to members of the Sejm, the lower house of parliament, and the Senate, the upper house.

Romanowski is a member of the right-wing Sovereign Poland party, a former junior government partner.

The Council of Europe, separate from the European Union, focuses on promoting human rights, democracy and the rule of law across the continent.

(rt/gs)

Sources: IAR, PAP