ECHR finds Poland appeals court violated former President Lech Wałęsa’s right to fair trial – JURIST

The European Court of Human Rights (ECHR) released a judgement on Thursday, finding in favor of Poland’s former president and Nobel Peace Prize winner Lech Wałęsa. The court found that an appeals court created by a 2017 Polish judicial reform violated Wałęsa’s right to a fair proceeding because of the political influence exerted upon the court’s procedure.

At the heart of the case is a Polish appeals court known as the Chamber of Extraordinary Review. The court was created by a 2017 judicial reform bill in Poland. With its creation, the Polish Prosecutor General is now permitted to bring “extraordinary appeals,” which allows for the Prosecutor General to challenge final court rulings. In Thursday’s decision, the court once again found that the court was not an “independent and impartial tribunal established by law”—which in Wałęsa’s case meant his right to a fair hearing and right to respect for private and family life under Articles 6 and 8 of the European Convention on Human Rights, respectively, were breached.

Wałęsa’s case stemmed from a 2011 court victory against his former associate Krzysztof Wyszkowski. Wałęsa filed a civil suit against Wyszkowski after the latter accused Wałęsa of consulting with “secret services under the communist regime.” Though Wałęsa partially won the case, Polish Prosecutor General Zbigniew Ziobro filed an extraordinary appeal of the victory in 2020. At the time, Ziobro said the appeal was intended “to ensure compliance with the principle of a democratic State governed by the rule of law and implementing the principles of social justice.” The Chamber of Extraordinary Review then overturned Wałęsa’s 2011 victory.

On Thursday, the ECHR found that the extraordinary appeals process in Wałęsa’s case “could not be separated from its political background.” The court found “indications that the State authority had abused the extraordinary appeal procedure to further its own political opinions and motives.” Furthermore, the court found that “the final judgment had adversely affected Mr Wałęsa’s private life to a significant degree.” As such, the court urged the Polish government to correct the violations by bringing the country’s judicial system into compliance with the standards set out under the European Convention on Human Rights.

As a staunch supporter of democracy and left-wing values, Wałęsa has been openly critical of the current Polish government, claiming in a recent interview that they are “worse than bad, and the only way of rescue is in removing them from power.” He served as president between 1990 and 1995. 

Recently, Wałęsa voiced disapproval of some of the current government’s decisions, as Poland has come under increasing scrutiny for its human rights abuses. According to a report published by the US Bureau of Democracy, Human Rights and Labour, the Polish government has enacted laws restricting access to reproductive services along with other rights. Poland’s current governing party, the Law and Justice (PIS) party bills itself as a national-conservative and Christian democratic political party. They have advanced policies criticized as infringements on women’s rights, LGBTQ+ rights and the rights of immigrants and asylum seekers.

The ECHR’s verdict was unanimous, and the court ordered that Poland was to pay damages to Wałęsa for his losses.