This section provides information on the #WithWoj campaign, which aims to raise awareness of the Polish government’s attempts to silence one of their most vocal critics, Prof. Wojciech Sadurski
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overview
The Law and Justice (PiS) party, in government in Poland since 2015, has accelerated its dismantling of democracy since the COVID-19 pandemic hit. As well as sidelining the national election commission and attempting to seriously reduce reproductive rights, the ruling party and state organs are pressing ahead with multiple lawsuits against Professor Wojciech Sadurski, in an attempt to silence one of the government's most vocal critics.
Prof. Sadurski, who is Challis Professor of Jurisprudence at the University of Sydney, is being targeted due to his international profile and audience. Highly active in the international media, he is also author of the landmark 2019 book Poland’s Constitutional Breakdown (Oxford University Press).
video interview (9 june 2020)
With Prof. Sadurski facing hearings for 2 separate lawsuits on 15 and 19 June, DEM-DEC Director Tom Daly sat down with him for a short interview for the International Association of Constitutional Law (IACL) Blog, to discuss the extremely high stakes of this legal harassment for him and for Polish democracy more broadly.
we’re #withwoj - show us you are too
The situation is clear: the ruling party is doing everything it can to silence one of their most strident critics, and one with a global profile and real credibility. This matters to all of us - help us shout loudly that we support Wojciech, and we support academic freedom for everyone, everywhere. Show your support by:
👉 Signing the open letter here
👉 Issuing a message of support on social media, using the hashtag #Withwoj
update: 21 September 2021
In September 2021 Prof. Sadurski faces two hearings in two separate lawsuits/indictments pressed against him by the Polish state-run television company TVP.
On Wednesday 22 September, there will be a hearing in district court Warsaw in the civil case of “protection of moral rights” (civil defamation) by TVP on the basis that Prof. Sadurski falsely accused them, in a Tweet, of a role in incitement to a murder of Gdansk mayor Piotr Adamowicz back in 2019. Prof. Sadurski rejects the clai). It will be a first-instance court case, a follow-up to an adjourned hearing which already took place 25 November 2020. He will participate in this hearing online (he is currently in Sydney), and a judgment is expected on the same day. TVP demands that Prof. Sadurski pay a large amount to a nominated charity (equivalent of approx. EUR 4300) as well as publishing an apology in several media, for several consecutive days an in prominent places, which would cost him around EUR 20 000 in addition to TVP’s legal costs.
On Thursday 23 September there will be an appellate court hearing in Warsaw to hear a TVP appeal from the first court judgment of 5 March 2021. The first court had found Prof. Sadurski innocent on all charges, and argued both on constitutional grounds and on the European Convention of Human Rights. TVP appealed. Their private indictment is based on criminal libel (Art. 212 of Polish Penal Code), and if found guilty, a defendant may be punished with up to 1 year in jail, and/or with financial fines. The indictment is based on exactly the same tweet as in the civil defamation case, and in fact the plaintiff’s arguments are substantially the same in the criminal case as in civil lawsuits. Under Polish law, if you feel you are defamed, you can follow either or both of these paths, and there is no legal link between the outcomes in each case. Prof. Sadurski will again take part as a defendant online.
update: 18 june 2020
On 18 June 2020 a lower court threw out the ruling PiS party's civil defamation suit against Prof. Wojciech Sadurski in Poland. But the legal harassment he is facing is not over. The ruling PiS party is expected to appeal the judgment. Prof. Sadurski still faces at least two further suits - a hearing in a criminal case was held last Friday. A third suit is pending.
Read the English summary of the Judgment of 18 June 2020 here
update: 23 SEPTEMBER 2020
On 24 September a hearing will be held in the private criminal indictment by Polish public television TVP against Professor Sadurski. This is just one of multiple cases the Polish State has orchestrated in an attempt to silence Prof. Sadurski as one of the most vocal, prominent, and internationally respected critics of the Law and Justice regime.
Read the media summary providing an update on all cases against Prof. Sadurski (20 Sept.) here
Want to Know More? We've Gathered Some Readings for You
The following are good places to start to understand just how serious the authoritarian acceleration in Poland is. The readings are organised in order of the most recent to least recent.
Gráinne DE BÚRCA & John MORIJN, ‘Repression of Freedom of Expression in Poland: Renewing support for Wojciech Sadurski’ Verfassungsblog (3 June 2020)
Jakub JARACZEWSKI, ‘An Emergency By Any Other Name? Measures Against the COVID-19 Pandemic in Poland’ Verfassungsblog (24 April 2020)
Jan SUROTCHAK & Jason WORLLEDGE, ‘Here’s What’s (Not) Happening This Weekend: A Presidential Election in Poland’ Democracy Speaks Blog (8 May 2020)
OPEN LETTER (Law professors, including COVID-DEM Director Tom Daly), ‘Call to Jourová and Reynders: act to save democracy in Poland’ (29 April 2020)
OSCE, ‘Opinion on the Draft Act on Special Rules for Conducting the General Election of the President of the Republic of Poland Ordered in 2020 (Senate Paper No.99)’ (27 April 2020)
Fernando CASAL BÉRTOA & Simona GUERRA, ‘Democratic backsliding, Poland’s election and Covid-19: What needs to be considered?’ EUROPP Blog (24 April 2020)
AMNESTY INTERNATIONAL, ‘Poland: Lockdown protests force "freeze" on retrogressive bills on abortion and sex education’ (16 April 2020)
Tom Gerald DALY, ‘Between Fear and Hope: Poland’s Democratic Lessons for Europe (and Beyond)’. (Review of Sadurski's book, Poland’s Constitutional Breakdown, containing a summary of the dismantling of democracy by PiS)
John MORIJN &, Barbara GRABOWSKA-MOROZ, 'Supporting Wojciech Sadurski in a Warsaw Courtroom' Verfassunsgblog (28 November 2019)
Gráinne DE BÚRCA, John MORIJN & Maximilien STEINBEIS, 'Stand with Wojciech Sadurski: his freedom of expression is (y)ours' Verfassunsgblog (18 November 2019)
Wojciech SADURSKI, 'Author Interview: Poland's Constitutional Breakdown' IACL-AIDC Blog (17 May 2019)