Igor Tuleya

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Igor Tuleya
2019 - Pol’and’Rock - Igor Tuleya (02).jpg
Tuleya in 2019 at Pol'and'Rock Festival
Born
Igor Zygmunt Tuleya

Łodz
Occupationjudge

Igor Zygmunt Tuleya (born 24 August 1970, Łódź)[1] is a Polish lawyer, judge at the district court of Warsaw and former spokesperson for this court.[2] He's known for his criticism on government prosecutorial practices and his protests against judicial reforms, which he sees as a threat to the independence of the Polish judiciary.

On 18 October 2020 Tuleya was stripped of his immunity by the Disciplinary Chamber of the Supreme Court of Poland and suspended. The public prosecutor is charging Tuleya for a criminal breach of the secrecy of the investigation. The alleged breach happened when Tuleya allowed the press to hear the justification of one of the verdicts he gave in court.

A poster of the Polish Judges Association "Iustitia" in front of the Supreme Court of Poland building in Warsaw calling for reinstatement of judges Igor Tuleya and

Life[]

Tuleya was born in Łódź and raised in Warsaw. Initially he intended to study Medicine, but continued to study law instead at the University of Warsaw.[3]

He was a judge at the district court in Nowy Dwór Mazowiecki. In 2007, he adjudicated a complaint from former civil servant Janusz Kaczmarek, who was suspected of leaking state secrets. Teluya ruled that his arrest was unfounded and even illegal. Tuleya was then accused by the prosecutor of partiality.[2]

In 2010 he was, after a judicial career of 14 years, appointed to the bench of the district court in Warsaw.[4] In 2012 he was also spokesperson of the court, a position that would be taken away as a result of his justification of the verdict in the case.[5]

On 4 January 2013, he sentenced the physician Mirosław Garlicki to a year's imprisonment, two years suspension and a fine because he accepted a bribe of 17,500 zloty.[6] He acquitted him however of sexual abuse and causing the death of a patient.

In his justification of the verdict, Tuleya was very critical of the behavior of the prosecution. According to Tuleya, Garlicki was depicted as the personification of immoral behavior by physicians, and the in general. The judge compared the behavior of the services with that of the Stalinist regime with threats, nocturnal interrogations and unjustified detention. Based on this ruling, Tuleya had to face investigations by the anti corruption agency.

In 2015, when the Prawo i Sprawiedliwość (Law and Justice, PiS) came into power, his verdict was used as support for accusations of corruption in the Polish judicial system. That would seem as a support of Law and Justice thesis that the judicial system in Poland needed a reform.[3]

In 2017, Poland ended up in a "constitutional crisis" around the supreme court and the disciplinary system of judges. Tuleya asked, like some other judges, the European Court of Justice to answer a prejudicial question, although those institutions have had no right to do so, on whether the new laws that were supposed to reform the Polish judicial system, were in accordance with European norms around judicial independence, even though EU institutions have no prerogatives to do so.[7] In September 2019, the advocate-general of the European Court issued an opinion that these prejudicial questions should be dismissed.[8] According to the advocate-general, it is not sufficiently clear that the judicial independence was actually infringed upon.[9][10]

Tuleya also criticized other changes in the judiciary that were introduced under Law and Justice. In September 2018, the disciplinary ombudsman asked him and two other judges to clarify their participation in television programs and the criticism that they stated.[11] As a consequence of his criticisms, Tuleya was asked about his behaviour, for which he has no proof. Still, he did take a political stance which is against Polish Constitution.[3]

References[]

  1. ^ "Declaration of financial interests" (PDF) (in Polish). 5 January 2017. Retrieved 12 January 2020.
  2. ^ Jump up to: a b "Kim jest sędzia Igor Tuleya, który (znowu) postawił się PiS?". www.polityka.pl (in Polish). 19 December 2017. Retrieved 13 January 2020.
  3. ^ Jump up to: a b c Berendt, Joanna (10 January 2020). "In Poland, a Stubborn Defender of Judicial Independence". Retrieved 12 January 2020.
  4. ^ "Jestem apolityczny. Prowadziłem sprawy Macierewicza. Raz wygrał, raz przegrał". gazetapl (in Polish). Retrieved 13 January 2020.
  5. ^ "Kim jest sędzia Igor Tuleya? Dwa powody, dla których przesłuchuje go nowa KRS". tokfm (in Polish). Retrieved 13 January 2020.
  6. ^ "Doktor Mirosław G. skazany. Ziobro: ten wyrok to zła wiadomość". Onet Wiadomości (in Polish). 4 January 2013. Retrieved 13 January 2020.
  7. ^ Baran, Violetta (6 September 2018). "Sędzia Tuleya zwrócił się z pytaniem do TSUE, proces został zawieszony. Kim są oskarżeni?". wiadomosci.wp.pl (in Polish). Retrieved 13 January 2020.
  8. ^ "Rzecznik generalny TSUE odpowiada ws. pytań prejudycjalnych polskich sądów". Onet Wiadomości (in Polish). 24 September 2019. Retrieved 13 January 2020.
  9. ^ "EU court adviser: bid for preliminary ruling on Polish disciplinary measures 'inadmissible'". PolskieRadio.pl. Retrieved 13 January 2020.
  10. ^ "PRESS RELEASE No 114/19: Advocate General's Opinion in Joined Cases C-558/18 and C-563/18 Miasto Łowicz / Skarb Państwa". Court of Justice of the European Union. 24 September 2019. Retrieved 12 January 2020.
  11. ^ Jastrzębski, Arkadiusz (13 September 2018). "Sędzia Igor Tuleya spodziewa się zwolnienia. "Sędziowie nie dadzą sobie zamknąć ust"". wiadomosci.wp.pl (in Polish). Retrieved 13 January 2020.
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