"Another battle won". ECHR ruled Poland violated judge Igor Tuleya's rights

The European Court of Human Rights (ECHR) on Thursday announced its ruling on two complaints filed by judge Igor Tuleya in 2019 and 2020 respectively. The court explained in the justification of the verdict that three articles of the European Convention of Human Rights had been violated with regards to the judge.

In the case of the violation of Article 6 § 1 (right to a fair trial) and Article 8 (right to respect for private life) of the European Convention, the panel composed of seven judges voted 6-1. It also held, unanimously, that there had been a violation of Article 10 (freedom of expression).

"The case originated in the new disciplinary regime for judges in Poland. The applicant, Igor Tuleya, a well-known judge, complained about five sets of preliminary inquiries initiated against him in 2018 on suspicion of disciplinary misconduct. He notably complained that one of those inquiries, concerning his alleged disclosure of sensitive information from an investigation file, had led to the lifting of his immunity from prosecution, and suspension from his official duties for over two years by the Disciplinary Chamber of the Supreme Court," the ECHR said in a press release regarding the ruling.

The court decided Poland would now have to pay judge Igor Tuleya 30,000 euros, and additional 6,000 euros for legal costs.

"The European Court of Human Rights, referring also to other cases brought before the ECHR, invariably states that the Disciplinary Chamber was under undue influence of the legislative and executive branches - that it was not an independent court," the TVN24 reporter Karolina Wasilewska explained.

The ECHR also pointed out a violation of the right to privacy. "And everything that was happening to Igor Tuleya. Not only regarding the decisions made by the Disciplinary Chamber of the Supreme Court, but also in relation to actions taken against him in the public sphere," the reporter added.

The court also found that there had been an interference with judge Tuleya’s right to freedom of expression. In the ruling, the ECHR said the judge had the right to speak about his situation, had the right to comment on the situation of the legal order in Poland and criticize it.

Karolina Wasilewska also noted the ECHR had mentioned one of the interviews the judge had given to TVN24, in which he had explained what was happening with his case.

"The European Court of Human Rights says clearly that judges have the right to speak out, the right to privacy, and, first and foremost, each citizen - including Igor Tuleya - has the rights to a fair and impartial trial," the TVN24 reporter stressed.

Judge Tuleya commented on the ruling at a press conference organized by the Justice Defence Committee (KOS). "Today we may say it's a success, but it's simply another battle won," he said. "This is not yet a victory in the war in defence of the rule of law."

"This success today is not only the success of lawyers, my representatives. First and foremost, it is the success of citizens who have been defending the rule of law since 2015 and who were the first to stand in defence of free courts," the judge said.

He added among the people engaged in the proceedings before the ECHR there had been attorneys, professors from other countries, and the former ombudsman Adam Bodnar.

He reiterated that "the war in defence of the rule of law continues," adding that judges' associations and NGOs had put forward five draft laws aimed to reform Polish justice system. "Unless the provisions included in those projects are not implemented, this war for the rule of law and independent courts will continue," he stressed.