President before Christmas Andrzej Duda decided to pardon Two persons convicted of defamation. In the statement, the President forgave the fines and ordered the removal of the conviction.
Although the presidential office did not reveal the names of those pardoned, “Rzeczpospolita” suggests that they are right-wing publicist Magdalena Ogorek and Rafal Ziemkiewicz. In the case of journalists, the legal classification of the act was identical to that indicated in the official statement. It's about art. Joke in connection with paragraph 212 § 1 of the Civil Code. 212 § 2 of the Criminal Code, i.e. defamation through mass media. The type of punishment also agrees.
Rafal Ziemkiewicz confirmed to “Rzeczpospolita” that he and Magdalena Ogorek requested pardon.
Pardon of Ogorek and Ziemkiewicz. is a publicist's statement
“Do Rzech” columnist Rafal Ziemkevich issued a statement regarding the spread of the media. He emphasized that he had not received official information about the pardon.
We are talking about a pre-election criminal conviction under Article 212 of the Criminal Code because the group that attacked Magda Ogorek in front of TVP behaved “as if they were brainwashed”. From Cieszko's Warsaw court, this act met the criteria of “personal defamation” (KOD activist Ewa Podleszna) of behavior or characteristics that could degrade him in public opinion or reveal a loss of confidence necessary for the given position, profession. Therefore, it is not a question of “violation of personal rights”, as some portals have spread false information – this is a completely different procedure, civil,” he explained.
“Unfortunately, I cannot confirm the information about the “probable pardon” to anyone – I have not received the act of pardon or official notification. As far as I know, the decision of the president should be made by the same court that sentenced me. – But he became one of the strongholds of Polish judges, and as we know, “Justice” does not recognize the pardon of President Duda, because he is not theirs, the president of Poland”, – we read on Ziemkiewicz's X.
“However, if the “leak” relied on by the newspaper “Rzeczpospolita” is true, and if the court “falls into the trap of legal formalism”, i.e. behaves according to the letter of the law, then all taxpayers should be happy about it. ” he added.
“I thank the President – if indeed he has pardoned me – not so much as me, because I personally suffer from the oppression of 'caste', but as a citizen, a tax payer and a person who appreciates the first value of freedom of speech,” he said in his statement.
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“Relic of Communism”. Columnist about art. 212 of the Criminal Code
He emphasized that in the absence of amnesty, he intends to appeal to the European Court of Human Rights.
Otherwise, I would be forced to apply to the ECtHR, which would oblige the Polish state to pay me compensation that is significantly higher than the PLN 10,000 that the bailiff stole from me under the rule of law (including almost PLN 3,000 for “execution costs”. Sending mail to the bank and filling a few boxes at home – who does not want to have such a job, well, live, not die). The ECtHR will probably do so, at least because of the judgment. It was propaganda, a political stunt, but because Poland, as far as I know, automatically loses all cases there when those convicted under 212 of the Criminal Code are appealed. To prosecute the authors of the underground press and the opposition activists for criticizing the incompetence and immorality of the PZPR activists and the communist government,” he emphasized.
“Everyone knows this and for more than 30 years now, every party, especially when it was in opposition, has announced that it will cancel the “2012” relic, the judges must take into account the case law of the European Court. Sometimes they get it. Mind you – I know what it depends on and you can guess. It is an important indicator that European judicial practice in this particular issue is most often rejected by those judges who consider themselves to be “European” judges and not Polish and claim primacy. European Union legislation over national legislation in other matters,” the journalist wrote.
“In any case, despite all the promises, the scandalous article still remains in the Polish Criminal Code like a rusty wire in a sausage, because it is such a handy tool for all authorities (especially local authorities) and “caste”. “Setting scores and making life miserable for opponents, the fact that in five years the state will have to pay compensation for the use of this tool does not prevent anything,” he noted.
Trial of journalists. It was about the words “so many visions” in the program.
Charges were brought against Magdalena Ogorek and Rafal Ziemkiewicz for their “Behind the Vision” statements. In February 2019, left-wing activist and psychotherapist Elżbieta Podleszna contributed.
We remind you that Magdalena Ogorek in 2019 A group of protestors was attacked In front of TVP Info headquarters. When the participants of the rally saw him, they started chanting “shame and shame” and blocked the journalist's access to the car.
At that time, the leader among the radicals was the well-known LGBT activist Elżbieta Podleszna, who called people to attack Ogorek. However, the court did not find anything inappropriate in his behavior and the activist was excused for his actions near the headquarters of the TV company.
The attack on Ogorek was one of the topics during the episode of “W tyle pozna” program on TVP Info. At one point, Rafal Ziemkiewicz said that “Elżbieta Podleszna is a psychologist, a psychotherapist, she has patients, receives and conducts a regular practice. I get the impression that she takes them to various events (…) they act as if they have been masterfully brainwashed.”
– We may have such an impression, and if this is the use of one's own abilities, in fact, quasi-medically, to manipulate the human psyche, then I think that … I am still waiting for the reaction of the psychological community. In this matter – said Ogorek.
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(Tags translated)Rafali Ziemkiewicz