The European Court of Human Rights (ECHR) found in favor of Lech Wałęsa, Poland’s former president and Nobel Peace Prize laureate, in a decision released last Thursday. The ECHR declared that a Polish appeals court, put in place by the country’s controversial 2017 judicial reform, breached Wałęsa’s right to a fair process due to the political sway exerted on the court’s proceedings. The judgment is accessible here.
Central to the case is the controversial Chamber of Extraordinary Review, an appeals court set up under the 2017 Polish judicial reform bill. With its creation, it allows the Polish Prosecutor General to challenge final court judgements through “extraordinary appeals”. The ECHR determined once again that the appeals court was not an “independent and impartial tribunal” as required by law. This decision implies that in the case of Wałęsa, articles 6 and 8 of the European Convention on Human Rights (respectively referring to the right to a fair hearing and the right to respect for private and family life) were violated.
Wałęsa’s case began with his 2011 victory against Krzysztof Wyszkowski, a former associate, who accused him of collaborating with the communist regime’s “secret services”. Although Wałęsa partially won, Zbigniew Ziobro, the Polish Prosecutor General, filed an extraordinary appeal against this victory in 2020. This appeal was used as a means “to ensure compliance with the rule of a democratic State governed by the rule of law and implementing the principles of social justice,” according to Ziobro. The Chamber of Extraordinary Review subsequently overturned Wałęsa’s 2011 victory.
The ECHR, in last Thursday’s ruling, found that the extraordinary appeal procedure adopted in Wałęsa’s case could not be detached from its political context. The ECHR highlighted “indications that the State authority had abused the extraordinary appeal procedure to push its own political ideologies and objectives.” The ECHR further stated that “the final judgment had significantly impacted Mr. Wałęsa’s private life”. As a result, the court urged the Polish authorities to rectify these violations by bringing the judicial system of the country into harmony with the European Convention on Human Rights’ principles.
Wałęsa, a fervent advocate of democracy and progressive values, has publicly criticized the current Polish government. He noted in a recent interview that their performance was “worse than bad, and the only rescue is in removing them from power.” He served as the president of Poland between 1990 and 1995.
Poland, under the current government, has seen an increase in scrutiny over allegations of human rights abuses. These allegations include controversial laws restricting access to reproductive services as well as other rights, as outlined in a report by the US Bureau of Democracy, Human Rights and Labour. Poland’s ruling party, the Law and Justice (PiS), identifies as a national-conservative and Christian democratic political entity. However, certain policies they’ve promoted face criticism for intrusions on the rights of women, women’s rights, LGBTQ+ rights, immigrants, and asylum seekers rights of immigrants and asylum seekers.
The ECHR’s judgment was unanimous, and it ruled that Poland must compensate Wałęsa for his losses.