Europe court condemns Poland over Wałęsa agent claims

Europe’s top rights court on Thursday (23 November) ruled Poland violated Lech Wałęsa’s human rights in a case stemming from allegations the celebrated pro-democracy leader was a Communist agent collaborating with security services.

Nobel Peace Prize winner Wałęsa, 80, has always vehemently denied the claims made by a former associate dating back 20 years that under the codename “Bolek” he spied on colleagues for the Communist authorities.

Attacks against him by the PiS party have mobilized considerable support for the hero of the Solidarity freedom hero.

He won a defamation case at the court of appeal in Poland but this verdict was then quashed at the Supreme Court under newly-created legislation.

In its judgement, the European Court of Human Rights ruled unanimously that Poland had breached Wałęsa’s right to fair legal proceedings and right to respect for his private life.

It said that the instance that examined the appeal against the original verdict was not an “independent and impartial tribunal established by law” and added that there were indications Polish authorities abused procedures to “further… (their) own political opinions and motives.”

“Indeed, the Court observed that Mr Wałęsa’s case could not be separated from its political background and the political context in Poland at the time and the long-lasting and public conflict between Mr Wałęsa and” the ruling conservative Law and Justice (PiS) party.

To its verdict, the ECHR added a rarely-used pilot judgement under which states must take measures to remedy “systemic” problems that have arisen in judicial systems.

“The systemic problems identified called for urgent remedial measures,” it said, recalling that Poland had been repeatedly failing to implement court judgements.

It said that “Poland had to take appropriate legislative and other measures to secure, in its national legal system, compliance with the requirements of an independent and impartial tribunal established by law.”

It also ordered Poland to pay Wałęsa €30,000 in damages.

Poland is in a phase of political upheaval after the PiS party fell short of a ruling majority despite finishing first in elections.

A coalition of pro-EU parties led by ex-prime minister and former European Council president Donald Tusk are gearing up to form a government, though they first will have to wait for PiS’s efforts to fail.

The ECHR is part of the pan-European rights body the Council of Europe. It is a court of last instance and its rulings are obligatory and not advisory, although there have been problems in recent years with states – notably Poland and Turkey — not implementing its judgements.

(Edited by Georgi Gotev)

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