The case of Igor Thule. The unauthorized disciplinary room will consider the resolution for detention and compel the prosecutor’s office

The disciplinary chamber, which was not approved by the Supreme Court, adjourned until Thursday the session to bring District Court Judge Igor Duleya of Warsaw to the prosecutor’s office for trial. Investigators want to question Duleya and accuse him of leaking information from the proceedings.

Twelve hours after the session, representatives of Judge Igor Duleya announced that the proceedings had been adjourned until Thursday. – It is a matter for the labor inspection to investigate whether it completely violates the rights of employees – said Jacek Dubois. The attorney noted that the head of the disciplinary room did not agree to the open state of the proceedings. – He did not allow representatives of social organizations to observe what was happening – he insisted.

– I was gray with horror at what was happening to the Polish justice system, how we depart from the procedures, rules and respect for the rights of the parties. There is no longer any procedure, there is a disciplinary chamber governed by the laws of the East rather than the laws of the Republic of Poland, said lawyer Jacek Dupois.

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Jacek Dubois, lawyerBAP / Tomas Jessel

– What will Tomero be? We expect there to be an order to “get Tuleya” and the faithful officers (…) will do it. It was postponed until tomorrow because the person who was supposed to do the job today did not have enough strength – the host said.

In his view, the Supreme Court’s disciplinary chamber is “not a place where justice weighs, but a place where justice boils down to a new tradition.” – We are not talking about using the law anymore, but about making fun of the law – he assessed.

The second defense attorney, Mikhais Zacharsky, admitted that “he is very tired and regrets that there is a case in the Supreme Court building that does not respect the basic rules and standards of procedure.”

– Many times (during the trial – version) we looked at each other with strange anger, like surprise and horror. We are waiting for what will happen tomorrow – said.

– In fact, the matter has not begun to explore merits. Discipline chamber spokeswoman Pyotr Balkovsky said the court and other tribunals had to spend several hours examining several defense cases, mainly aimed at avoiding the adjudicating judge. – You can clearly see that this is a pulling strategy so that the thing is pulled endlessly – he added. He announced that the decision of the disciplinary chamber would be made public.

The third defendant, Bartos Dudunic, insisted that “the order room misses another opportunity to show that some legal arguments undermining the status of this room as an independent court are unsubstantiated.” – Today’s decision not to explicitly recognize the judge’s case is a waste of such opportunity – he assessed.

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The meeting lasted several hours

Wednesday’s session began just after 12.00 noon, with Judge Adam Roche presiding. In the courtroom were Judge Igor Dulea, a lawyer and representatives of the Supreme Bar Council, who expressed their willingness to take part in the case.

A journalist from the Polish Press Association also entered the room and asked for a public hearing on Judge Duleya’s case. After hearing the parties in the open court case, the court decided that even if the course of the trial is closed, the announcement of this decision and its oral intentions will be available to the representatives of the media authorized in court prior to the trial. At the same time, in this case it did not accept applications for joining by a dozen or more social organizations, including the Supreme Bar Council.

Judge Duleya himself was not on trial, but was in front of the Supreme Court building where there were demonstrations in his favor.

Judge Igor DuleaBAP / Tomas Jessel

Judge Thule’s case

The disciplinary chamber, which was not approved by the Supreme Court, was removed from the list of cases heard by Judge Dulea in the Warsaw District Court, after the judge decided to raise his immunity, suspend him from official duties and reduce his salary by 25 percent.

The reason for the attorney’s request to dismiss the judge’s immunity is the suspicion that the information of the trial and the data and evidence of a witness have been disclosed, which could affect the course of action. It is about the hearing related to Sezmin’s session in the Column Hall on December 16, 2016, which was twice adjourned by the Attorney General’s Office. In December 2017, the District Court in Warsaw, headed by Judge Thule, overturned the prosecutor’s decision to suspend the trial for the first time. The judge then allowed the media to record the oral justification of the court’s ruling.

Section 95B of the Code of Criminal Procedure, however, states that the President of the Court or the Court has the right to order a public hearing. “The session is conducted on camera, unless otherwise provided by law, or otherwise ordered by the President of the Court or the Court” – reads the text of the article.

Key Photo Source: BAP / Tomas Jessel

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