On Wednesday, the Warsaw district court issued a letter of safe conduct to the former deputy minister of justice from the PiS era, Marcin Romanowski. The decision is invalid. Investigators announce they will file a complaint. The defense assures that if the case becomes final, their client will appear in Poland.
There will be a complaint, Żurek has no doubt
After the court's decision, the Minister of Justice and Attorney General Waldemar Żurek noted that it was a problem for him that Wednesday's decision was issued by the so-called neojudge. I have no doubt that the prosecutor's office should complain about this decision, he added.
One of the high-profile topics of Wednesday's decision was the interpretation of Art. 281 par. 2 of the Code of Criminal Procedure, according to which "in preparatory proceedings, a safe conduct may be issued at the request of the prosecutor or in the absence of his objection." The prosecutor's office claimed that this provision "literally" indicates that "we are dealing here with the prosecutor's objection that is binding on the court."
Meanwhile, the spokeswoman for the court for criminal matters, Judge Anna Ptaszek, pointed out that, according to the court, "the application of the provision that makes the issuance of a letter of safe conduct dependent on the position of the prosecutor is contrary to the constitution and to all provisions of international law." She added that the court found, among other things, that these regulations cannot bind him because the court is supposed to "resolve this case objectively and impartially."
“I will be seeing prosecutors.”
In an interview on TVN24 on Thursday, Żurek said that he considered the lack of a prosecutor's request to remove Judge Konrad Mielcarek from the case of the safe-conduct for Romanowski as a mistake. I say this openly. I will meet with prosecutors and I believe this is a mistake, said the head of the Ministry of Justice. He assessed the attitude of the prosecutor's office in the context of the cited provision as "belief that if it is written in the act, it will come true." Well, it will not come true and, as a rule, in every case of this type, a request must be submitted (request for exclusion - note by RMF FM) - added Żurek.
According to the minister, issuing the letter of safe conduct was a "bad" decision also for substantive reasons. If there is a person who has already declared, when leaving custody (...), that he will cooperate with the prosecutor's office, that he will not hide and do something completely different, it is as if we had a notorious thief and suddenly decided that we believed that he had undergone such a transformation, that he would suddenly tell the truth and not steal - explained Żurek.
A safe conduct letter is a "benefit" for the suspect
Żurek, also referring to the argument that a safe-conduct is "the only way" to enable the former deputy head of the Ministry of Justice to be brought to justice, said that such an instrument seems to be "a person in whom you have a minimum of confidence that he will comply with certain rigors related to this letter." There is no reason at all to believe in this, he said.
Żurek also stated that he, as a judge, would be afraid that if Romanowski returned to Poland and had the opportunity to freely contact other people, he would "influence" people from the ministry related to irregularities in the Justice Fund, which "maybe" would have a negative effect on the ongoing trial.
He emphasized that the safe conduct is a form of "benefit" for the suspect. He also said that in his opinion, Romanowski "will not come, even if this safe conduct letter becomes legally valid." The head of the ministry was asked what if "another neo-judge" issued a final decision on a safe-conduct for Romanowski.
If it happens that there are the same legal charges against this panel of judges, (...) this is a resolution of seven legal judges of the Supreme Court, which says (...) "the judgment has expired. This is a judgment that reflects the crisis we are in, so here, if it were the case that a "neo-judge" with such allegations and a "neo-judge" in the appellate court, I really wonder whether it can be called a judgment - he said.
Escape to Hungary, letter from Tiraspol
The court received the application for a safe conduct in August; it showed that the parcel in this case was sent in Tiraspol, the capital of Transnistria - the separatist region of Moldova, which has operated - mainly thanks to Russia's support - as an unrecognized state since the conflict in the 1990s.
Wednesday's decision was issued by Judge Konrad Mielcarek at a closed session with the participation of the prosecutor and defense.
In connection with the investigation into irregularities in the Justice Fund, the prosecutor's office accuses Romanowski of, among others, participation in an organized criminal group and rigging competitions for money from this fund. The Warsaw district court issued a European Arrest Warrant (EAW) for Romanowski - at the request of the prosecutor's office. An arrest warrant was also issued for the former deputy head of the Ministry of Justice.
In December 2024, it turned out that Romanowski had been granted political asylum in Hungary. As reported in early July, Hungary revoked his refugee status and invalidated his travel documents. Since the change of government in Hungary in May this year. the media provided various unofficial information about Romanowski's possible whereabouts. On August 12, the Warsaw SO informed that it had received an application for the issuance of a letter of safe conduct.
