Poland
Trial observation, 2009
In November 2009, the IBAHRI became aware of charges being made against Judge Miroslaw Wyrzykowski, a Judge of the Polish Constitutional Tribunal, for omitting certain information from an affidavit required under the Lustration Act. Such a vetting statement is routine for public figures in Poland, used to establish any previous collaboration they may have had with the Communist-era secret services prior to the collapse of the Communist regime in 1989. In the event of conviction, Judge Wyrzykowski would have been excluded from public life for a period of 10 years.
This case is an example of several recent accusations made against judges of the Polish Constitutional Tribunal, which has raised concerns about whether the main aim of these indictments was to discredit the Tribunal’s members. It was with this concern in mind that the IBAHRI arranged for Mr Henry Horbaczewski a United States-qualified lawyer, to travel to Poland as the IBAHRI observer to monitor whether the trial complied with international fair trial standards.
Read the trial observation report.
Read the press release.
Fact finding visits, 2007-2008
The IBAHRI, in conjunction with the Council of Bars and Law Societies of Europe (CCBE) coordinated a high-level delegation visit to Poland from 3-7 September 2007 to investigate allegations of a range of legislative encroachments into the independence of the judiciary and the legal profession. 
Inappropriate executive interference in the prosecution system was also investigated. The delegation met with a wide range of judges, lawyers, legal bodies, non-government organisations, universities and other stakeholders to learn more about the proposed and passed legislation and other executive action to determine whether breaches of the Polish Constitution and international standards had occurred. On 6 November 2007, a comprehensive report, entitled Justice under Siege: a report on the rule of law in Poland, made 20 recommendations to remedy the damage done to the rule of law.
November 2007 - Justice Under Siege: A report on the rule of law in Poland
- Read the report in English: Justice under seige: a report on the rule of law in Poland
- Read the report in Polish: Atak na sprawiedliwosc: raport nt. praworzadnosci w Polsce
- Read the press release in English, Polish or French
From 10-13 June 2008, the IBAHRI and CCBE conducted a follow-up visit to Poland to assess progress in implementing the recommendations made in its November 2007 report. The visit found that substantial progress had been made by the new Polish government, but that some key legislative amendments were still necessary to restore the rule of law. The report was released in September 2008.
September 2008 - Follow-up report to Justice Under Siege: A report on the rule of law in Poland
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| The delegation with representatives from the Supreme Court |
The delegation at the Polish Bar Council’s museum |
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| The press conference at the end of the trip |
The Supreme Court
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| The Supreme Court |
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