In today’s judgment in case Tuleya v. Poland (Application nos. 21181/19 and 51751/20), the European Court of Human Rights ruled, by a vote of 6 to 1, that there had been a violation of:
- right to a fair trial (Article 6 § 1 of the European Convention on Human Rights);
- right to respect for private life (Article 8 of the European Convention on Human Rights);
- freedom of expression (Article 10 of the European Convention on Human Rights).
The case is related to changes in the rules of disciplinary responsibility for judges in Poland introduced in 2018. The basis of the judge Tuleya’s applications was the repression he suffered from speaking out in defense of the rule of law, asking preliminary questions and his judicial activity.
In particular, the Applicant alleged that the Disciplinary Chamber had revoked his immunity, suspended him from office, and reduced his salary, for more than two years. The Applicant also claimed that, as a result of the proceedings initiated against him, he became the target of a defamation campaign in the public media, where derogatory or deprecatory information about him was published or disseminated.
In particular, the Applicant alleged that the Disciplinary Chamber had revoked his immunity, suspended him from office, and reduced his salary, for more than two years. The Applicant also claimed that, as a result of the proceedings initiated against him, he became the target of a defamation campaign in the public media, where derogatory or deprecatory information about him was published or disseminated.
In particular, the Applicant alleged that the Disciplinary Chamber had revoked his immunity, suspended him from office, and reduced his salary, for more than two years. The Applicant also claimed that, as a result of the proceedings initiated against him, he became the target of a defamation campaign in the public media, where derogatory or deprecatory information about him was published or disseminated.
The Court granted the judge just satisfaction in the amount of €30,000 and 6.000 EURO in reimbursement of costs.
The attorneys for Judge Igor Tuleya were: attorney Sylwia Gregorczyk-Abram, attorney Michał Wawrykiewicz, Maria Ejchart and attorney Jacek Dubois