ECHR rules suspension of Poland judge violated European rights convention News
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ECHR rules suspension of Poland judge violated European rights convention

The European Court of Human Rights ruled Thursday that Poland’s former Disciplinary Chamber of the Supreme Court breached the European Convention on Human Rights when it suspended and removed the judicial immunity of Judge Igor Tuleya. Before his suspension, Tuleya emerged as a prominent figure in opposition to Poland’s judicial reforms.

The court determined that Poland violated Article 6 § 1, Article 8 and Article 10 of the European Convention on Human Rights. The violations primarily concerned the deprivation of judicial immunity from Tuleya, which served as the basis for initiating a criminal case against him for disclosing confidential information. The judges also pointed out a connection between Tuleya’s opposition activities and the case initiated against him within the Republic of Poland.

The court found that Poland violated Article 6 § 1 by subjecting Tuleya to proceedings under a chamber that was not sufficiently “independent and impartial.” It also ruled that Poland violated Article 8 of the Convention, which protects a person’s private life, by making Tuleya subject to illegitimate public proceedings. Finally, the court held that Poland breached Tuleya’s Article 10 right to freedom of expression by retaliating against him for speaking out against Poland’s judicial reforms. 

Tuleya was also awarded a sum of 36,000 euros from the Polish government.

Paradoxically, while Poland’s new Professional Liability Chamber of the Supreme Court restored Tuleya’s position and salary, it did not restore his judicial immunity, making him subject to ongoing prosecution.

In addition to this particular case, the court has previously issued eight decisions related to judicial reforms in Poland. Notably, all the plaintiffs involved had affiliations with the government but shifted to the opposition following what they perceived as unlawful and inequitable judicial appointments orchestrated by the executive branch.

The Polish government has previously stated its non-compliance with ECHR decisions ordering the reinstatement of judges.  

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