Eleventh. Do not be indifferent.

Statement by retired judges of the Constitutional Tribunal

in defense of Judge Marek Safjan and the dignity of the Polish and European judiciary

The cover of the next issue of “Gazeta Polska” planned for next Wednesday depicts a photograph of the judge of the Court of Justice of the European Union, Professor Marek Safjan, in an official robe with the inscription: “He passed a sentence on Poland.” Next to it is stated that he is “the son of a Nazi Grenzschutz functionary and collaborator of Soviet Military Information, author of ‘More Than Life at Stake’ (Stawka Większa Niż Życie, a TV series) who ‘justified the absurd CJEU verdict against Poland. In the background of the photograph, the cover also features silhouettes of two popular actors from the series in Nazi uniforms, but with the addition of a judge’s jabot.

In the face of such a brutal and baseless attack, no one should be indifferent. This exceptionally perfidious, lying act of hatred directed against Professor Marek Safjan, former president of the Polish Constitutional Tribunal, must be decisively condemned. In the absence of any basis for the allegations based on the personal and professional life of the Professor and the Judge, an attempt is made to humiliate him by referring to facts from his Father’s life, presented in a false light, in order to create a primitive, stereotypical, false image of Judge Safjan’s role in the CJEU.

Criminal baiting has already led to tragic consequences more than once in the recent past.

We also accuse the editors of “Gazeta Polska” of the unacceptable style of this attack, which is disgustingly reminiscent of the worst times of Stalinist propaganda, of typical – for example for 1968 – attacks on the family, as well as attacks on the family. – We also accuse this attack of insulting the dignity of the Polish and European judiciary by associating the judges’ jabots with the insignia of the Nazi army.

Therefore, protesting against this and similar acts of hatred, we call on the Prosecutor’s Office to take immediate and effective steps not only to prevent the spread of the slanderous content but also to punish the guilty.

We also appeal to the scientific community, especially to the University of Warsaw, to join our protest. We also call on politicians who, because of their work with Professor Safjan at this University, have knowledge of his personality and scientific and professional achievements, to take the necessary steps to prevent his slander in the media. Let no one feel exempt from acting in this matter – to the extent of their competence and capabilities.

26 July 2021.

Retired judges of the Constitutional Tribunal:

Stanisław Biernat, Teresa Dębowska-Romanowska, Kazimierz Działocha, Lech Garlicki, Mirosław Granat, Wojciech Hermeliński, Adam Jamróz, Stefan Jaworski, Wiesław Johann, Marek Kotlinowski, Biruta Lewaszkiewicz-Petrykowska, Ewa Łętowska, Marek Mazurkiewicz, Andrzej Mączyński, Janusz Niemcewicz, Stanisław Rymar, Ferdynand Rymarz, Andrzej Rzepliński, Małgorzata Pyziak-Szafnicka, Jerzy Stępień, Piotr Tuleja, Sławomira Wronkowska-Jaśkiewicz, Mirosław Wyrzykowski, Bohdan Zdziennicki, Andrzej Zoll, Marek Zubik