Lawyers of the Ordo Iuris Institute have taken up the defense of Junior Aspirant Jacek Łukasik – head of the Polish police trade union “Policyjna Solidarność” (“Police Solidarity”) – in the disciplinary proceedings brought against him. Jacek Łukasik wrote a courageous letter in defense of the police officers whom Prime Minister Donald Tusk’s government used to take over Poland’s Constitutional Tribunal by force. We have also prepared a petition to the Commander-in-Chief of the Police calling for the proceedings to be discontinued, as well as a guide for police officers describing their right to refuse to carry out unlawful orders. In recent days, we have also succeeded in defending a man protesting in front of the Constitutional Tribunal who faced three months’ pretrial detention over alleged threats against Donald Tusk.

The case of Jacek Łukasik shows how much Donald Tusk’s government has in common with the rule of the communist criminals, who also seized state institutions by force, sent armed officers against protesting Poles and fought courageous trade unionists. Almost 40 years ago, the courage of “Solidarity” trade unionists brought about the collapse of the communist system. Today, trade union representatives are being harassed by the Tusk government for doing their job – that is, for protecting workers! Anyone who, in these days so important for Poland, faces repression for opposing the forcible takeover of the Constitutional Tribunal will be able to count on free legal assistance from Ordo Iuris.

Police officers fearful after the events in front of the Tribunal

For more than a week, Poland has been in the grip of a coup d’état by Donald Tusk, who decided to take over the Constitutional Tribunal by force. The Ordo Iuris Institute has been at the very center of events since day one, as attorney Jerzy Kwaśniewski wrote a few days ago. The President of Ordo Iuris pointed out, among other things, that the government’s assault on the Constitutional Tribunal has provoked widespread opposition not only among opponents of those in power, but also among lawyers and politicians who had until now supported the Tusk government, and even among… police officers, who fear that they will one day be held liable for taking part in a coup d’état.

Kwaśniewski cited the open letter to the Commander-in-Chief of the Police in which the chairman of “Police Solidarity” demanded clarification of the officers’ legal situation following the events in front of the Constitutional Tribunal. The head of “Police Solidarity” said that he has been receiving calls from police officers who have doubts about whether the orders they are carrying out are lawful and who fear that they will one day be charged with complicity in a coup d’état. Some of them were horrified at having had to take part in blocking the path of the head of state. The families of uniformed officers are also seriously concerned. He reported receiving many messages from police officers who say that, after such a farce, they actually feel like leaving the service. He quoted a young policewoman who admitted: “This is not the kind of police I joined; I wanted to serve people, not take part in events like these.”

In this situation, Jacek Łukasik did exactly what was his duty – he stood up for the officers.

“If anyone ever seeks to draw consequences against them – whether because they are standing in front of the Tribunal today, because they go on sick leave, or because they refuse to carry out an order – I will stand shoulder to shoulder with these people and defend them against any prosecutor,” he declared.

What the head of “Police Solidarity” did in those days took great courage and is an example of how to remain a decent and honorable person in a time of trial. At the same time, the union leader clearly distanced himself from politics and avoided any statements that could be regarded as commentary on the actions of politicians. Asked by journalists for his political assessment of current events, he declined to answer, saying: “Please excuse me from answering these questions and from going into further detail, because I am a police officer and I, too, am bound by certain principles of professional ethics and by the hierarchy of our service.”

Disciplinary proceedings over a letter in defense of police officers

Several dozen hours later, Jacek Łukasik was summoned to a meeting with his superiors, where he learned that… disciplinary proceedings had been initiated against him. The chairman of “Police Solidarity” was presented with two charges – in connection with the open letter he had issued and with his statements to the media. As soon as we heard about it, we immediately contacted him and offered him free legal assistance. We have already signed all the necessary documents that will allow us to defend the head of “Police Solidarity” in the disciplinary proceedings.

We have also launched an online petition in which we remind the Commander-in-Chief of the Police that the Constitution of the Republic of Poland guarantees “the freedom of association in trade unions” as well as freedom of speech, and that the Police Act requires officers to refuse to carry out an order if carrying it out would involve committing a crime. In our petition, we firmly oppose the intimidation of police officers who defend their colleagues, and we call for the groundless disciplinary proceedings to be discontinued and for a public guarantee that no police officer will be prosecuted for demanding that the Police remain politically neutral. We are receiving reports that police officers across Poland are passing our petition on to one another.

The petition is an important means of pressure, because it shows how widespread the opposition to the harassment of the head of “Police Solidarity” is. What will be crucial, however, is an effective defense in the disciplinary proceedings themselves. I believe that, with the help of our Donors, we will secure the discontinuation of these proceedings, which should never have been initiated. We greatly need this support today, because in recent days almost our entire team has been engaged in the fight against the government’s lawlessness.

A guide for police officers

While some Ordo Iuris lawyers were beginning their first analyses of the case of the head of “Police Solidarity,” others were at police stations helping people detained in front of the Constitutional Tribunal, and still others were working on a short, accessible legal guide for police officers. In our guide, we point out that although every police officer is bound by an order regardless of how he or she assesses it, the exception to this rule is an order whose execution would involve committing a crime. Citing specific provisions, we demonstrate that this is precisely the situation in the present case. We emphasize that refusing to carry out an order that would result in participation in a crime is not an officer’s right but an officer’s duty. Carrying out such an order entails the risk of both criminal and disciplinary liability. We explain to police officers, step by step, how to refuse to carry out an order or instruction whose execution would involve committing a crime. Attached to the guide is a ready-made template for a report on the refusal to carry out an order.

Our lawyers will, of course, provide free legal assistance to any police officer who encounters problems of any kind in connection with fulfilling his or her statutory duty to refuse orders aimed at the unlawful takeover of the Constitutional Tribunal. We will also help any employee of the Tribunal who, in connection with the events of recent days, faces pressure, threats or attempted reprisals for loyalty to the Tribunal’s lawful authorities.

Dawid is free

Our attorneys are constantly monitoring the protests in front of the Tribunal and supporting the protesters. On Friday – thanks to our intervention – Dawid was released; he had been detained on Tuesday for… alleged threats against Donald Tusk. The provisions of the Criminal Code penalizing the offense of “punishable threat” apply only to threats that arouse in the victim a justified fear that they will be carried out. I have no doubt that this is yet another case of the arbitrary and unlawful use of this provision. Fortunately, Dawid knew that he could count on the support of Ordo Iuris and demanded to contact our lawyer. As soon as we learned of his detention, we immediately set off for the scene, despite the late hour of the night. Dawid spent almost three days in a police detention facility, and the prosecutor’s office sought his pretrial detention.

We convinced the court, however, that there were no grounds for applying this measure. In this case, not even the general prerequisite for pretrial detention – a high probability that an offense was committed – was met. Words spoken under the influence of emotion, in a specific situation, do not constitute a punishable threat. Nor is there any risk of flight, hiding or obstructing the investigation – Dawid has a permanent address, and his words were recorded. On Friday, Dawid walked free! We are only at the stage of a preliminary analysis of the whole case, but I am already glad that Dawid will be able to face the proceedings at liberty. We do not know what decision the court would have made without the involvement of Ordo Iuris attorneys.

The case of Piotr – who fell victim to a brutal police intervention, after which he was denied contact with a lawyer and his family for many hours while officers misused handcuffs on him – shows how a detention can end when an attorney is not allowed to see the detainee from the very first moments. Our involvement in this case and in every other case described by Kwaśniewski and me is further proof of how important the mission of Ordo Iuris is today.

Attorney Magdalena Majkowska – Member of the Board of the Ordo Iuris Institute

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Source of cover photo: Ordo Iuris

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