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EU human rights court to examine cases of judges Juszczyszyn and Biliński

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The European Court for Human Rights in Strasbourg will examine cases of two Polish judges, Paweł Juszczyszyn from Olsztyn and Warsaw judge Łukasz Biliński - TVN24 reporter Michał Tracz has learned. The EU court has also notified the Polish government which - in line with the standard procedure - should respond regarding the cases.

Olsztyn-based judge Paweł Juszczyszyn has been suspended by the Supreme Court Disciplinary Chamber, contested and unrecognised by many judges, lawyers and constitution experts. The decision was made in February 2020, in relation to a disciplinary proceedings launched against the judge. Juszczyszyn himself does not recognise his suspension as, in also in his opinion, the chamber is not a court of law.

A local court in Bydgoszcz, however, has decided that judge Juszczyszyn be returned to work. So far, this ruling has not been carried out. It's been blocked by the president of a regional court in Olsztyn Maciej Nawacki, who is also a member of the politically appointed National Council of the Judiciary, and who is in conflict with judge Juszczyszyn.

TVN24 reporter Michał Tracz has learned that the European Court for Human Rights in Strasbourg will examined the case of judge Paweł Juszczyszyn. The ECHR has notified the Polish government on Monday.

In August 2020, Juszczyszyn filed a complaint to the ECHR, in which he claims his right to a fair trial had been violated by the Disciplinary Chamber, which "is not an impartial and independent court". Now, the Polish authorities are expected to comment on the issue.

The EU human rights court will also look into the case of judge Łukasz Biliński, about which the Polish authorities have also been informed.

Biliński was a judge at a criminal section of a Warsaw court, but he in June 2019 he has been transferred to a family section of that court. Judge Biliński said at the time that the transfer was ordered against his will and on unlawful conditions.

The judge became famous for acquitting people accused of blocking the monthly Smoleńsk crash commemorations and the march of nationalists. He also ruled that people protesting judiciary reforms in 2017 in front of the Sejm were not guilty of any offence.


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