Giertych's squad requests suspension of prosecutor Michał Ostrowski

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The Bureau of the civilian Coalition on the settlement of the Law and Justice has unanimously decided to address the lawyer General's request for immediate suspension in writing activities of prosecutor Michał Ostrowski. The reason for this decision is the charge of illegally initiating a private investigation. The proposal besides includes a simplification of the prosecutor's salary. Mr Roman Gierty informed about the case.

Investigation on the coup

The case concerns the investigation of the alleged coup by prosecutor Michał Ostrowski. The investigation was undertaken on the basis of the “notification” of neo-TK neo-prezese, Bogdan Święczkowski. The announcement indicated that Prime Minister Donald Tusk, Speakers of the Sejm and the Senate, Head of the Government Legislative Centre and any judges and prosecutors acted within the "organised criminal group" to change the constitutional strategy of the Polish Republic and to influence the functioning of the Constitutional Court, the National Judiciary Council and the ultimate Court.

These allegations mention to Article 127 of the Criminal Code, which states that:

“Who, with the aim of depriving independence, depriving part of the area or changing the constitutional strategy of the Republic of Poland, undertakes, in consultation with another persons, activities aimed straight at achieving this objective, the conviction of imprisonment for a period not little than 10 years or the conviction of life imprisonment.”

Giertych calls for the immediate suspension of Ostrowski

Roman Gierty, associate of the Civic Coalition and Head of the Bureau of the PiS Clearance Group, reported on platform X that the squad unanimously adopted a resolution to mention the request to the lawyer General for immediate suspension of prosecutor Michał Ostrowski. The reason is to launch a private investigation illegally.

"We unanimously adopted a resolution by the Bureau of the KO Group on the Settlement of the Law and Justice on the referral to the lawyer General to suspend immediately in the activities of prosecutor Michał Ostrowski, together with a simplification in his wage for illegal private investigation", he wrote on Friday on the X Gierty platform, which is the head of the team.

We unanimously adopted a resolution by the Bureau of the KO Group on the Settlement of the Law and Justice on the referral to the lawyer General for immediate suspension in the activities of prosecutor Michał Ostrowski, together with a simplification in his wage for the illegal initiation of a private investigation.

— Roman Giertych (@GiertychRoman) February 7, 2025

Zbigniew Ziobry reaction

Former Justice Minister Zbigniew Ziobro in consequence to Giertych's entry stated that Prosecutor Ostrowski ‘does not get intimidated’. In his comment, he pointed out that Ostrowski's investigation reveals systemic abuse of power and the forceful takeover of public institutions, including courts and prosecutors.

Ping-pong didn't help, there's panic due to the fact that even German media are reporting an assassination on the state's system. The investigation is conducted by Proc. Ostrowski, who is not intimidated. It is no longer possible to hide the illegal, forceful takeover of public media, courts and prosecutors. You can't... https://t.co/p964l2foAM

— Zbigniew Ziobro | SP (@ZiobroPL) February 7, 2025

Chaos around neoTK

NeoTK has been controversial for a long time. The current authorities and any lawyers question its current form, indicating the presence of alleged double judges. Accordingly, the Sejm adopted a resolution in March 2023 in which it considered that the inclusion of neo-TK judgments issued in violation of the law could be regarded as a violation of the rule of legalism.

In December 2023, the government adopted a resolution in which it considered that the publication of the Constitutional Court's judgments in the authoritative diary of the Law could lead to a consolidation of the regulation of law crisis. Accordingly, Prime Minister Donald Tusk refused to print them.

Controversies around Michał Ostrowski's actions

A spokesperson for the lawyer General, Anna Adamiak, informed that the National Prosecutor's Office had learned from the media that Ostrowski had initiated a coup investigation. In addition, she pointed out that D.A. Ostrowski had not notified the applicable unit, which could be treated as a breach of procedures. In view of the private relations with Bogdan Święczkowski, Prosecutor Ostrowski should be excluded from this case.

Prosecutor Ostrowski has served as Deputy lawyer General since November 2023. Previously, from 2016 to 2022, he was manager of the Department for economical Crime at the National Prosecutor's Office and then Prosecutor of PK. At that time he was a close associate of Bogdan Świętczkowski, which besides gives emergence to doubts about his impartiality in this case.

In late December 2023, lawyer General Adam Bodnar seconded Ostrowski and another Deputy lawyer General to work in the extra-local departments of the National Prosecutor's Office. In response, Ostrowski and his colleagues signed statements critical of the actions of the fresh power.

Summary

The application for suspension of prosecutor Michał Ostrowski is another phase of tense situation in the Polish judiciary. The substance is controversial and forms part of a wider conflict between the current power and erstwhile rulings. The key question remains whether the Ostrowski investigation actually had legal grounds or was politically motivated.

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Giertych's squad requests suspension of prosecutor Michał Ostrowski

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