We reviewed the case files of the investigation, which was ultimately discontinued during the PiS (Law and Justice Party) government. However, the discontinuation was not due to a lack of evidence implicating the judge—Jarosław Dudzicz admitted to posting the comment—but because it was concluded that his action did not meet the legal definition of a criminal offense. The post was made under the pseudonym “Jorry123,” which, as we detail later, may carry additional significance.

However, this is not the only online comment attributed to Dudzicz. To date, these have not been scrutinized. In October 2024, the National Prosecutor’s Office reopened the investigation, aiming to examine and assess additional posts allegedly authored by Dudzicz on online forums. The antisemitic comment in question may also be re-evaluated, now within a broader context.

This report explores how the investigation was conducted under the PiS government, what Judge Dudzicz and his wife testified, the conclusions drawn by experts, and why the prosecution ultimately determined that he had not broken the law.

OKO.press revisits this case due to its significant public interest. In August 2024, Judge Dudzicz—a relatively low-ranking district court judge in Słubice—received a nomination from the unlawful National Council of the Judiciary (neo-NCJ) to Poland’s most prestigious judicial body, the Supreme Court. He is set to join the Criminal Chamber. His nomination likely benefitted from his prior role as a member of the unlawful neo-NCJ during its first term.

The neo-NCJ granted him the nomination despite being aware of the details of his antisemitic post. Prior to making their decision, the council had reviewed the case files from the National Prosecutor’s Office, gaining full knowledge of the fact that Dudzicz had admitted to authoring the post.

Nevertheless, the neo-NCJ decided to nominate him, albeit after a second attempt (he had failed in the first selection process). While the prosecution may have closed the case, higher moral and ethical standards are expected of judges seeking promotion to higher courts, particularly the Supreme Court. Dudzicz’s post, describing Jewish people as a “vile, lousy, and greedy nation,” clearly undermines these standards.

Ties to Controversial Groups and Online Forums

Moreover, Dudzicz was part of the discussion group “Kasta/Antykasta” on WhatsApp, which included judges aligned with former Deputy Minister of Justice Łukasz Piebiak, a key figure in the judiciary-related smear campaign. He was also linked to the “Niezłomni—Group for Small Acts of Sabotage” group on Signal, which counted figures like Piebiak and “Mała Emi,” a notorious purveyor of defamatory campaigns against independent judges.

For the neo-NCJ, these associations seemingly carried no weight in their decision to nominate Dudzicz to the Supreme Court.

Career Trajectory Under PiS

Dudzicz’s career flourished under PiS governance. In 2017, Minister of Justice Zbigniew Ziobro appointed him as President of the Regional Court in Gorzów Wielkopolski. In 2018, PiS MPs selected him as a member of the first-term neo-NCJ, making him one of the faces of Ziobro’s controversial judicial “reforms.”

In 2022, Dudzicz unsuccessfully sought re-election to the second-term neo-NCJ, failing to secure PiS backing—just like Piebiak. It was speculated that the antisemitic post exposed by Gazeta Wyborcza may have tarnished his candidacy. Some suggested that President Andrzej Duda himself might have vetoed his nomination.

Whether Dudzicz ultimately joins the Supreme Court will now be determined by President Duda, who has yet to make a decision.

Current Status

Dudzicz has since returned to his position as a district court judge in Słubice. In May 2024, Minister of Justice Adam Bodnar dismissed him from his role as President of the Regional Court in Gorzów Wielkopolski, stripping him of additional functions and his delegation to adjudicate there. In Słubice, despite his expertise in criminal law, he agreed to serve in the family and juvenile division due to staffing needs.

However, Dudzicz remains a deputy disciplinary officer at the Regional Court in Gorzów Wielkopolski, tasked with evaluating the ethical conduct of other judges. He was appointed to this position by Chief Disciplinary Officer Piotr Schab, who spearheaded mass judicial repression under the PiS government.

How Judge Dudzicz Explained His Antisemitic Post to the Police

The incident originated in August 2015, when *Dziennik* published an article about the alleged discovery of the mythical “gold train” near Wałbrzych, which the Nazis were rumored to have used to transport treasures out of besieged Wrocław during World War II.

The article, titled “The World Jewish Congress Lays Claim to the Gold Train,” sparked considerable public outrage. Numerous antisemitic comments appeared under the article on *Dziennik*’s website.

A citizen reported these comments to the authorities, leading to an investigation by the municipal police in Wrocław. Among the comments was one attributed to the user “Jorry123,” who wrote: *”A vile, lousy, and greedy nation. They deserve nothing.”*

Police traced the comment to a computer located in a Słubice apartment where Judge Jarosław Dudzicz resided at the time. In 2016, a preliminary investigation was launched under Article 256, Paragraph 1 of the Polish Penal Code, which prohibits incitement to hatred on national, ethnic, racial, or religious grounds.

While the investigation into other comments was discontinued due to the inability to identify their authors (some were posted from Israel and the United States, or it was unclear who had access to the devices), the post attributed to Dudzicz remained under scrutiny.

In October 2016, Dudzicz was interrogated as a witness. Advised of his right to remain silent, he admitted to authoring the post and confirmed that “Jorry123” was his pseudonym. He explained his motivations during the interrogation, claiming a strong interest in World War II, particularly the Holocaust and its consequences for Poland.

He expressed indignation over what he perceived as undue claims against Poland by Jewish organizations, particularly in the United States. According to Dudzicz, the article highlighted that Russian and German railway companies had not made claims concerning the train, whereas Poland continued to face demands. As a result, he felt compelled to “condemn” the claims in his post.

Dudzicz argued that his comments were not directed at the Jewish people as a whole but specifically at the organization mentioned in the article. He insisted that the term “nation” was used synonymously with “group of people” or “community” and was not meant to generalize. His comments, he claimed, reflected frustration at the demands rather than hostility toward an entire ethnicity.

Dudzicz further explained his choice of words:
– “Vile” referred to behavior that is dishonest or dishonorable.
– “Lousy” was a colloquial term for something poor or unpleasant, often used to describe weather or a bad day.
– “Greedy” signified a relentless pursuit of wealth.

He insisted that his words were neither vulgar nor defamatory, and he expressed regret that they could have been misinterpreted.

Expert Analysis of the Post

The investigation was initially overseen by the District Prosecutor’s Office in Wrocław-Stare Miasto, which commissioned an expert report from three scholars specializing in political thought, linguistics, political science, and social communication at the University of Wrocław.

The experts analyzed Dudzicz’s post alongside another antisemitic comment posted under the same article. They concluded that both comments:
– Expressed negative stereotypes about Jewish people, attributing greed, deceitfulness, and corruption to the group.
– Were aimed at generating hostility toward Jewish communities.
– Demonstrated an antisemitic character through clear, derogatory stereotyping.

The experts determined that Dudzicz’s post sought to delegitimize Jewish claims and relied on tropes rooted in longstanding antisemitic narratives. While the posts did not explicitly incite violence, they were deemed offensive, dehumanizing, and capable of provoking negative emotional responses.

The experts also noted that Dudzicz’s pseudonym, “Jorry123,” might have cultural or linguistic significance, potentially derived from Hebrew or Arabic origins, though its exact implications were debated.

Escalation of the Investigation

In October 2018, following the expert opinion, the investigation shifted toward potential offenses under Articles 256 (incitement to hatred) and 257 (insulting a group based on nationality). By this time, Dudzicz had become a prominent figure as a member of the neo-NCJ and President of the Regional Court in Gorzów Wielkopolski.

In December 2018, the National Prosecutor’s Office, led by Bogdan Święczkowski, assumed control of the case. The investigation was transferred to the department responsible for prosecuting judges and prosecutors, a unit created by PiS to target the judiciary.

Despite Dudzicz’s prior confession, prosecutors pursued additional investigative steps, questioning whether others had access to his computer or internet connection. They even re-interrogated one of the experts, who softened their conclusions, suggesting that the post was not explicitly antisemitic.

Dudzicz himself was summoned for another round of questioning in 2022. However, this time, he frequently invoked his right to remain silent, refusing to confirm or deny his earlier admissions.

Case Closure

In October 2022, Prosecutor Sylwester Noch of the National Prosecutor’s Office discontinued the investigation, concluding that Dudzicz’s actions did not constitute a criminal offense. Noch argued that the post did not explicitly incite hatred and that even if it provoked negative emotions, such reactions did not necessarily equate to hostility.

Noch also accepted Dudzicz’s defense that the comment aimed to protect Polish interests against unjust claims. He further reasoned that the absence of additional inflammatory responses to the post mitigated its impact.

Reopening the Investigation

Under Poland’s new administration, the National Prosecutor’s Office reopened the investigation into Dudzicz’s online activity in October 2024, this time aiming to scrutinize other posts attributed to him. A new prosecutor has taken charge of the case, signaling a possible shift in its handling and outcomes.

This article by Mariusz Jałoszewski was originally published on OKO.press on November 18, 2024.