The new, self-appointed authorities of the National Prosecutor’s Office refuse to release documents about the Minister of Justice Prosecutor General’s dismissal of the members of the National Council of Prosecutors and the appointment of new prosecutors. The response of the National Prosecutor’s Office in this matter was published on the ‘X’ portal by Judge Kamil Zaradkiewicz[1].
Well, the position of persons claiming to be in charge of the National Prosecutor’s Office (in full agreement with the Prosecutor General) is in blatant contradiction with the view of Adam Bodnar as the Ombudsman of 2019 and at the same time with the verdict of the Provincial Administrative Court in Kraków of 8 August 2019. (Ref. II SAB/Kr 269/19).
What did the current Minister of Justice write in 2019 and what did he boast about on the Ombudsman’s website?
“According to the Ombudsman, the view that the act of appointing a prosecutor constitutes an internal document is unjustified. This leads to a breach of the principle of openness and results in a lack of transparency in the appointment process of prosecutors. Given the prosecutor’s sovereign powers over the sphere of the rule of law and the public’s trust in the holder of that function, the transparency of the process is particularly important. In turn, the ruling is relevant to the protection of fundamental rights and freedoms”[2].
Perhaps, therefore, it would be imperative to notify the Prosecutor General that a citizen’s right, which used to be so close to his heart, is being violated in the National Prosecutor’s Office.
Leaving aside, however, the change in Adam Bodnar’s views, it should be recalled that under Article 23 of the Act of 6 September 2001 on access to public information:
“Whoever, contrary to his obligation, does not make public information available shall be subject to a fine, the penalty of restriction of liberty or deprivation of liberty for up to one year”.
[1] https://twitter.com/k_zaradkiewicz1/status/1752968496630137180, accessed: 07.02.2024.
[2] Akt mianowania prokuratora to informacja publiczna. Wyrok WSA zgodny z wnioskiem Rzecznika, https://bip.brpo.gov.pl/pl/content/akt-mianowania-prokuratora-to-informacja-publiczna-sad-przyznal-racje-rpo, accessed: 07.02.2024.
