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Report highlights flaws in cases handled by Polish prosecutors under previous government

14.01.2025 23:30
Poland’s National Public Prosecutor’s Office has released a partial report detailing an audit of cases handled between 2016 and 2023, a period when the country was governed by the right-wing United Right coalition.
The report found significant procedural irregularities in 163 out of 200 reviewed cases, with prosecutors recommending reopening some high-profile cases.
The report found significant procedural irregularities in 163 out of 200 reviewed cases, with prosecutors recommending reopening some high-profile cases.Photo: PAP/Paweł Supernak

The report identified significant procedural irregularities in 163 out of 200 reviewed cases, with prosecutors recommending reopening some investigations, including high-profile cases involving former prime minister Beata Szydło and the longtime leader of the Law and Justice (PiS) party, Jarosław Kaczyński.

The report, presented on Tuesday, spans 301 pages and examines legal proceedings that were either closed or left unresolved.

Katarzyna Kwiatkowska, head of the audit team, said that investigators initially focused on cases that had been dismissed without formal investigations, fearing that statutes of limitations might prevent further legal action.

The findings indicate that in 112 of the reviewed cases, irregularities were severe enough to warrant criminal or disciplinary proceedings against those involved., state news agency PAP reported.

Some investigations were allegedly prolonged to create a "chilling effect," particularly in cases involving judges and prosecutors who had opposed controversial judicial reforms implemented by the former PiS government.

The audit also compared how cases involving ordinary citizens differed from those concerning politicians.

According to Kwiatkowska, individuals advocating for the rule of law faced disproportionate retaliation, including home searches, phone seizures and preventive detention requests.

'Everyone is equal before the law'

Among the most politically sensitive cases flagged in the report is the so-called "Twin Towers" affair, involving Kaczyński.

The case concerns plans to build two skyscrapers in Warsaw by Srebrna, a company with ties to PiS. The investigation was originally dropped in 2019, despite allegations of financial misconduct.

Kwiatkowska said the audit team had determined that this case should be reopened.

"A key issue here is to determine whether fraud took place," she told reporters. "Many witnesses involved in discussions were never formally questioned."

Prosecutors intend to summon Kaczyński for questioning, with Kwiatkowska emphasizing that "everyone is equal before the law."

The report also calls for a reassessment of the 2017 car accident involving then-prime minister Beata Szydło.

The incident occurred in the southern city of Oświęcim when a government convoy collided with a private vehicle. The initial investigation found the civilian driver at fault, but the new audit raises concerns about political interference in the case.

Prosecutors argue that the investigation should be reopened to clarify whether security officers accompanying Szydło contributed to the crash and whether evidence was improperly handled.

Kwiatkowska described the case as a "goldmine of information on what prosecutors should not do."

The audit has flagged numerous other cases where prosecutors allegedly failed to act impartially.

These include the 2017 police crackdown on women during the Independence March in Warsaw, allegations of unlawful surveillance of political activists, the handling of corruption cases linked to state-run companies and ruling party figures, as well as delays and irregularities in investigations related to prominent judicial officials.

Dariusz Makowski, another senior prosecutor involved in the audit, said that cases against independent judges and prosecutors were often launched in close coordination with politically sensitive events, reinforcing concerns about judicial independence.

The partial report is the first in a series of findings expected to be published. It appears to support longstanding accusations that Poland’s prosecution service was used for political purposes under the previous government.

The current administration, led by Prime Minister Donald Tusk, has pledged to restore judicial independence and transparency in law enforcement.

While some cases may be reopened, others may be impossible to pursue due to statutes of limitations.

Prosecutors have called for further internal reviews and possible legal reforms to prevent similar abuses in the future.

(rt/gs)

Source: PAP