Free and disbelief for outgoing power prosecutors: “The time has come for the Ziobra-free prosecution”

During the PiS party's rule, 250 unruly prosecutors' parties, despite many repressions, stood up for the dignity of the prosecution, contributing to its survival. Today, the same individuals are the elite in their environment, having a moral right to rebuild the prosecution from scratch. Last Saturday, they celebrated their feast, surrounded by broad support and appreciation. Free prosecutors from the Lex Super Omnia association had the chance to celebrate success in defending an independent prosecutorate at the yearly General Assembly.

This assembly, which took place on November 18, 2023, proved to be a triumph, gathering nearly 170 of about 250 members of the association in the spacious hall of the Warsaw conference centre. The atmosphere was filled with joy, and smiling faces and free conversations pointed to the current optimism and hope for fast change in the prosecutor's office.

During the General Assembly, prosecutors from Lex Super Omnia received many thanks and thanks for their persistent defence of the regulation of law. They were highly appreciated by invited guests, including erstwhile Deputy Ombudsman Hanna Machinska, president of Iustitia Prof. Krystian Markiewicz and justice of the Constitutional Court at remainder Prof. Mirosław Wyrzykowski. These guys not only expressed their appreciation, but besides declared their support for Lex Super Omnia and supporting efforts to introduce an independent prosecutorial concept, which is the promise of democratic opposition leaders to shortly take power.

However, prosecutors are not only facing challenges of separation from the Ministry of Justice. Settlements will besides be essential due to the fact that Minister of Justice and lawyer General Zbigniew Ziobro made the prosecution a tool subject to their full authority, casting it in with their people.

Prosecutors from Lex Super Omnia intend to actively participate in the prosecution improvement process. Even before the elections, they prepared a bill on a fresh prosecutor's office, assuming not only her independence, but besides the introduction of a fresh structure and transparent promotion rules. They plan to organise competitions before the ultimate Board of Prosecutors, modelled on the National Judiciary Council. The draft association forms an integral part of the alleged five-pack of the regulation of law, the remaining proposals of which have been drawn up by the judges of the ultimate Court, Austria and experts and concern the repair of the Constitutional Court, the National Judicial Council, the ultimate Court and the General Court. During the General Assembly, Lex Super Omnia adopted an appeal to politicians to rapidly introduce changes and a programme declaration requiring the association to participate actively in the legislative process concerning the fresh prosecutor's office.

Prosecutors' appeal to politicians: time for an independent prosecutor's office

Due to the importance of calling Lex Super Omnia to politicians for immediate change, we present the content of this appeal to the full degree below.

"Annual Assembly of Members of the Lex Super Omnia Association of Prosecutors

November 18, 2023

Association of Prosecutors Lex Super Omnia, referring to the bill presented publically on 29 September 2023 – The law on the prosecution system, aiming to improve the situation of the Polish prosecutor and pointing to the request to join the European Public Prosecutor's Office, calls on the representatives of the legislative authority to undertake legislative work on the fresh prosecutor's system, based on the principles of the democratic regulation of law and values of the Council of Europe.

The bill prepared by the Association is not only a consequence of solutions proposed by the environment of the prosecutors themselves, but above all responds to the expectations of citizens whose opinions were the starting point for the solutions prepared by us.

The proposal presented by the Association of Prosecutors Lex Super Omnia is part of a package of 5 laws which reconstruct the regulation of law in Poland and opens the anticipation of a real, thorough and lasting change of the Polish prosecutor's office into a public authority organised on the basis of recommendations of the Council of Europe and acting on the basis and within the limits of the law, including the law of the European Union, which will uphold human rights and freedoms.

After years of utilizing the prosecutor's office to accomplish political objectives, it is time to free her from any force and external interference so that she becomes an independent, transparent, liable and subject to social control.

We call on Parliamentaries to launch a constructive, substantive dialog with all the communities that have testified to the fight for the regulation of law and defended the independency of judges and prosecutors, and have now prepared projects to warrant the construction of a modern, independent, democratic and European justice strategy in Poland for the benefit of all citizens."

Gromky standing ovations were submitted to Parchimovich during the ceremony. Prior to the appeal to politicians for immediate improvement and the adoption of the program declaration, invited guests for over an hr showed their appreciation to prosecutors from Lex Super Omnia. It was a full hr of gratitude and designation for their consistent defence of the independency of the prosecution and the regulation of law over the last 8 years.

Krzysztof Parchimowicz, 1 of the founders of the association, served as president for many years. He proved to the public that not all prosecutors made deals with Ziobra, accepting promotions and higher salaries. For criticism Ziobra and his associates Parchimovich paid with unprecedented repression, receiving 18 discipliners, and the territory lawyer Ziobra tried to find compromising information on him. He is the most persecuted prosecutor in Poland, and this fight paid for his wellness loss. In 2020, he decided to resign from his leadership at Lex Super Omnia, replacing him with prosecutor Katarzyna Kwiatkowska, who equally harshly criticized Ziobra's prosecution and rapidly became the subject of power attacks. She was sent to Poland for a six-month word by a delegation, which was subject to disciplinary proceedings, and the National Prosecutor's Office tried to block her with a suit for criticism of erstwhile National Prosecutor Bogdan Świecczkowski, demanding compensation of PLN 250 thousand.

Despite these difficulties, Kwiatkowska did not break down and late won the delegation's punishment trial. During the General Assembly, both, Parchimovich, now an average associate of Lex Super Omnia and a fresh retired prosecutor, could celebrate their triumph erstwhile the convention participants showed them a long-standing applause standing.

It is besides worth noting that on Saturday Margaret Roslonska-Kijowska was awarded at the initiative of the Free Prosecutor's Office. It was her, along with another citizens, who supported prosecutors in times of repression. Citizens from Lex Super Omnia actively participated in disciplinary and filled courtrooms, supporting prosecutors during the pickets before the National Prosecutor's Office. At the General Assembly, Rosłońska-Kijowska was the first to speak, for which she received a large circular of applause.

She said, “The prosecution and the courts must decision on.” She stressed that draft laws were ready and politicians should scope for them. That citizens will look at reforms. "For democracy is not given erstwhile and for all. We don't want populism to come back. We have 4 hard years ahead, but we can reconstruct the regulation of law" – emphasised Rosłońska-Kijowska.

“You are moving to history”, “You are the pride of the prosecution”

More invited guests then spoke. Hanna Machinska, a deputy Ombudsman, gave her speech saying: “The law is security. It's up to us how strong the law will be. In Poland, the law has been corrupted in the last 8 years. It was decided by politicians, weak institutions, bad law and people. Poland with Hungary aimed at authoritarianism. But citizens have shown that power cannot go far."

She then expressed her gratitude to the prosecutors for their commitment to defending the regulation of law, stating: “Today your group proves that she passed the exam. I pay tribute to extraordinary judges and prosecutors who have bravely faced the fight for the regulation of law. Thank you for your dedication, you are now in permanent history."

The president of the Association of Independent Judges Themis took the level Beata Morawiec. She said: “My heart grows as I look at you due to the fact that I yet see enthusiasm after 8 years. Let's stick together and do quite a few good. The regulation of law will stand.” She stressed that now it would should be harder to fix what was broken.

Maria Ejchart-Dubois of the Free Courts organization besides spoke about the difficulties of work. She pointed out that differences had begun among lawyers about how to reconstruct the regulation of law.

"We must now have courage, trust and willingness to take risks. We've taken your courage. This commitment to get the regulation of law back," she said.

Professor Mirosław Wyrzykowski, justice of the Constitutional Court in retirement, expressed his words, expressed his full support to prosecutors who do not submit to power. He supported them from the first moments, emphasizing that their injuries were the consequence of the fact that in fresh years they remained faithful to each another and their beliefs.

"Your price, your families are huge. I express my respect, my appreciation, my thanks. You have given us strength," Wyrzykowski said. He besides appealed to compose by the name of the justice and prosecutor behind the passed decision or sentence.

Prosecutors from Lex Super Omnia supported the president of the association of judges of Iustitia, Prof. Krystian Markiewicz.

"You have succeeded, you are the pride of the D.A. and the full justice system. There were hard moments and doubts. We appreciate you and thank you for your determination and optimism. Your draft D.A.'s bill is simply a contribution to the fresh justice system. We can do this," he said.

Another in the speeches was Vice president of the Chief Bar Council, Jarosław Szczepaniak.

“You behaved decently and courageously. I'd like to face it for saying no to breaking the law. You didn't quit and glory to you for that. Lex Super Omnia [Law Above All – ed.] is not only a name, but besides your message to all Poles. And this message brought an effect on October 15. Thank you."

In his speech, he stressed that the honorably appointed prosecution would rebuild itself with the full justice system.

“Today we feel freedom and may we always feel freedom. You have contributed to this," said Szczepaniak.

The president spoke in the order most International civilian Society InstituteMateusz Komorowski.

"You couldn't break yourself. There is no Budapest in Warsaw today," he stressed.

He stressed the importance of the future. He pointed out the necessity of reforming the prosecutor's office, at the same time pointing out the request to remove those who should not service in the prosecutor's office. He stressed that the public is awaiting the settlement of prosecutors who assisted the PiS organization in dismantling the regulation of law. For these words he received enthusiastic applause. In addition, he pointed out that the improvement had to be carried out rapidly and that the prosecution should regain assurance and focus on serving citizens.

Former associate of the KO Piotr Ziętarski He praised the prosecutors from the beginning: “You acted with your head up. You are a model of people who know how to decently service democracy and the state."

Judge Piotr Gąciarek, president of the Warsaw branch of the Iustitia Association, recalled the memories of him and the prosecutors standing before the courts, the ultimate Court and the National Prosecutor's Office. Together, they defended repressed judges and prosecutor Kwiatkowska. He emphasized that prosecutors were experiencing peculiarly hard conditions, as they could be moved overnight to work in a distant city.

"You gotta cure the prosecutor's office, many prosecutors are sick of herbrose. There wouldn't be a Lex Super Omnia if it wasn't for brave Krzysztof Parchimovich. We know the price he paid. He was crucial to judges and citizens. It's an authority" – it adds.

The assembled rewarded Parchimovich with long applause.

The caterpillar encouraged Lex Super Omnia to actively make a fresh prosecution and introduce standards into it. He assured that Iustitia would supply its support.

He then made comments from a associate from the Civic Coalition, Arkadiusz Myrch, who is besides a lawyer. He expressed his gratitude for the protests and evaluation of Zbigniew Ziobry's activities.

"Your environment was exposed to a immense test and many failed. Free profession is simply a responsibility, not a fast career. But you [Lex Super Omnia – ed.] will build a fresh prosecutor's office," he said.

“We have hard challenges ahead of us and I presume that it will not be so colorful. There are different ideas about how to fix and account. There's gonna be a debate, but there's been an election to make it a debate. This is the essence of democracy," he added in his further statement.

Margaret Roslonska-Kijowska said:

"We are counting on the fast restoration of the regulation of law. The bill is ready, let us scope for it.”

Rapacki: police must besides be restored to citizens

A erstwhile deputy chief of police and erstwhile Deputy Minister of Interior and Administration, General Adam Rapacki, besides appeared at the General Assembly.

During his speech, Rapacki said, “I pay you respect and bow down to the old police.”

Rapacki expressed his support for Lex Super Omnia's prosecution initiative, nevertheless he pointed out that the task was moving smaller investigations to the police, which should besides be restored to public confidence. He proposed reviewing the current government to identify what is presently not working or is not necessary.

He considered whether citizens should study charges themselves in smaller cases. He pointed out that mediation did not fulfil its role.

"Without simplification, without accelerating the process, we will not regain justice to service the public. Together we can do this," he said.

Rapacki was supported by the erstwhile head of the ABW Gen. Krzysztof Bondaryk, who said during his speech: “You have proved that the private state of Jarosław Kaczyński and the private prosecution of Zbigniew Ziobry are going back into the past.”

Bondaryk agreed that it was the prosecutors from Lex Super Omnia who should be building a fresh prosecutor's office.

"If you do not participate in personnel changes, you will neglect voters. Your advice should be decisive," he said.

Krzysztof Izdebski of the Batory Foundation then spoke, stressing in his message that Lex Super Omnia served as a guardian and conscience of the law in the prosecution. On behalf of civilian society, he expressed his gratitude for entrenching the concept of independent prosecutors and for establishing dialog with citizens. He promised that civilian society would accompany the process of rebuilding the prosecution.

The last talker was Piotr Kładoczny from the Helsinki Foundation for Human Rights. During his speech, the typical of the foundation thanked the “free and insolent” prosecutors for their tenacity and courage in the face of the threats they faced with their attitude.

“I want to bow to you for your stubbornness and courage. It's your holiday. You have put the common good ahead of your own." He stressed that the fresh authority should seriously consider their draft law on the prosecution.

It is worth noting in this meijscu that the Saturday Wlane Assembly was the first open to the media in respective years. Previously, Lex Super Omnia had held closed meetings, most likely due to a deficiency of chance to rejoice, as the association was under force from power and its members experienced mass repression. Nevertheless, these hard times are already in the past.