A judgment was handed down before the European Court of Human Rights on 6/10/2022 in the case of Judge Pavel Juszczyszyn, who was suspended by the Disciplinary Chamber.
The Court found that the repressive actions to which Judge Juszczyszyn has been subjected since 2020 constitute a violation of the European Convention on Human Rights, in particular the right to a court of law and the right to private life.
In addition, today’s judgment is yet another ruling issued on the basis of international law binding on Poland, which, after a detailed analysis, concluded that the Disciplinary Chamber does not meet the criteria of a tribunal established by law.
Significantly, the Court found a violation of Article 18 of the Convention for the first time ever in a case involving Poland, indicating that the sanctions imposed on Judge Juszczyszyn were aimed primarily at punishing him and discouraging him from assessing the conformity of the status of judges appointed by the neo-KRS with the norms of the Convention, including, above all, meeting the standards of independence and impartiality. Such repressive actions, according to the Court, are incompatible with the purpose of permissible restrictions on human rights and freedoms (as permitted by the Convention).
In addition, the Court, finding violations of Article 6, Article 8 and Article 18 of the Convention, awarded Judge Juszczyszyn damages in the amount of 30,000 euros.
We would like to congratulate attorneys Dr. Piotr Kladoczny and Dr. Marcin Szwed of the Helsinki Foundation for Human Rights.