Cassation of the Ombudsman in the case of Piotr Niemczyk convicted for a climate protest

The Office of the Ombudsman announced on Friday that Sylwia Gregorczyk-Abram filed a cassation appeal to the Supreme Court in the Piotr Niemczyk case. A former oppositionist of the Polish People's Republic was sentenced by a Warsaw court for participating in blocking the road during a protest by climate activists from the Last Generation in May 2025. After refusing to perform community service, Niemczyk began serving a 15-day substitute arrest sentence.

The Commissioner for Human Rights requests the annulment of the verdict, acquittal of Niemczyk and immediate suspension of the execution of the sentence. As the spokesman's office emphasizes, the collected evidence - including police recordings - does not confirm the allegations against Niemczyk and indicates significant doubts as to his responsibility.

Doubts surrounding the penal order judgment

The Ombudsman accused the court of gross violation of procedural law.

"This consisted in assuming that the guilt and circumstances of the acts attributed to the accused were beyond doubt, which led to the issuance of a penal order," reads the press release from the Office of the Commissioner for Human Rights.

The analysis of the case files showed that the police official note collectively treats a group of 26 people who were supposed to block traffic on the road. However, recordings from police body-worn cameras not only do not confirm Niemczyk's participation in the blockade, but also indicate that he was standing on the sidewalk the entire time, not breaking the law or obstructing traffic.

Appeal from opposition groups

More than 40 former oppositionists of the Polish People's Republic came to the defense of Niemczyk and other convicts and appealed to the Ombudsman and the Minister of Justice, Waldemar Żurek, to file a cassation appeal. The signatories of the appeal considered both the verdict and the actions of the justice system unacceptable in a democratic state of law.

Among the people who signed the appeal were, among others: Teresa Bogucka, Zbigniew Bujak, Władysław Frasyniuk, Andrzej Seweryn and Jerzy Stępień. In their opinion, Niemczyk's case is not only an individual case, but also a test for the Polish justice system and respect for civil rights.

What next with the Piotr Niemczyk case?

The Commissioner for Human Rights emphasizes that the court should not have issued a penal order against Niemczyk because the evidence did not provide sufficient certainty as to his guilt. In the cassation appeal, attention was drawn to the need to examine the case at a hearing and clarify all doubts.

Piotr Niemczyk is currently serving a prison sentence, but the Ombudsman demands that his execution be immediately suspended until the Supreme Court considers the cassation appeal.