FOR Communication 11/2023: Investigating alleged Russian influence is a cover up for pre-election show on state television
Synthesis:
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By the votes of the ruling coalition, the Sejm passed the Act on the establishment of the State Commission for the Study of Russian Influence on the Internal Security of the Republic of Poland in years 2007–2022.
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Any person, including journalists and members of NGOs, can be subpoenaed, and punished without a court ruling for actions that were not criminal offenses under the law at the time they were committed - and therefore not a crime. This constitutes a violation of the principle of non-retroactivity of the law, expressed in Art. 42 sec. 1 of the Constitution.
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The functioning of the Commission in this scandalous form violates the separation of powers and is clearly unconstitutional. The Commission can deny any person from holding public office for 10 years without a court verdict, which is a serious threat to democracy and civil society.
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The "countermeasures" that the commission will be able to enforce are in fact camouflaged punitive measures that can only be applied by the courts. Members of the commission, elected by the Sejm, will be given extensive investigative and judicial powers, vested in the special services, prosecutors’ office and courts.
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Selection criteria for candidates for commission members allow for the selection of people who do not have the knowledge or education necessary for this type of service. The election of active politicians is most likely. Moreover, the act does not exclude the possibility of electing a member, who received a negative opinion from ABW, so there are indications that he may be involved in the activities of a foreign intelligence service. [These provisions have been amended in the final version of the Act]
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The chairman of the Commission will have the right to order, among others, searches and the Commission will have access to classified information, trade secrets and attorney-client privilege. The body, completely subordinated to PiS politicians, will have the right to revoke security clearances issued by special services, thus eliminating the punished persons from holding many important public positions.
The Sejm, by the votes of the ruling coalition and the Polskie Sprawy and Kukiz'15 parliament groups, passed the Act on the establishment of the State Commission for the Study of Russian Influences on the Internal Security of the Republic of Poland in the years 2007-2022. The Commission is proposed to be a public administration body and will be tasked with disclosing alleged cases of widely understood acts of espionage or actions made to the detriment of the Republic of Poland committed by public officials under the influence of Russia. The act was sent to the Senate, which within 30 days will decide whether to accept the act, reject it in its entirety or propose amendments. [As of 29th of May, the Act has been signed by the President, and sent to the politicized Constitutional Tribunal]
The Commission is entitled to investigate cases of public officials who "under Russian influence" acted to the detriment of the interests of the Republic of Poland, among others by:
- disclosure of information to unauthorized persons;
- issuing or influencing the content of administrative decisions;
- taking part in negotiations;
- undertaking decisions on hiring employees or selecting contractors as part of the activities of a public authority or company;
- managing public funds;
- representing Poland on the international forum.
Anyone can be targeted by the authorities
Article 4 sec. 2 of the Act allows for the prosecution of not only state officials, but also of any person whose actions allegedly undermined the undefined "interest of the Republic of Poland" in the field of very broadly understood influence on public life. It will also be possible to apply "countermeasures", which are in fact camouflaged penal measures, normally included in the Penal Code, which can only be applied by the courts. Politicians, journalists, members of non-governmental organizations or bloggers who are problematic for the current government can be punished for "influencing the mass media".
The full content of the publication can be found in the file to download below.
Contact to author:
Bartłomiej Jabrzyk, FOR analyst
bartlomiej.jabrzyk@for.org.pl
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