The Disciplinary Chamber of the Supreme Administrative Court of Poland has stripped the immunity and allowed for the arrest of the judge-turned-fugitive to Belarus, Tomasz Szmydt, states Sylwester Marciniak, a spokesperson for the Supreme Administrative Court of Poland.
It is noted that the first-instance court, considering the National Prosecutor's Office motion of May 8 to issue a ruling allowing the prosecution of the judge of the Voivodeship Administrative Court in Warsaw, has issued a ruling on the prosecution of Judge Szmydt.
"The Disciplinary Chamber of the Supreme Administrative Court of Poland has sanctioned the detention of the judge and the application of preventive measures against him, and has suspended the said judge from performing his official duties," Marciniak reported.
The National Prosecutor's Office applied to the Disciplinary Court of the National Security Agency for permission to lift the immunity of Judge Szmydt late Wednesday, May 8. Investigators also applied for permission to detain him temporarily on charges of espionage.
Case of Judge Szmydt
Judge Tomasz Szmydt of the Voivodeship Administrative Court in Warsaw turned to the Belarusian authorities on Monday, May 6, in Minsk, requesting care and protection. According to him, he was forced to leave Poland due to disagreement with the actions of the authorities in Warsaw. Among the cases handled by Szmydt in court were cases related to, in particular, the refusal to issue security certificates for access to classified information.
The Mazovian Department for Combating Organized Crime is conducting an ex officio investigation in connection with information that the judge has applied for political asylum in Belarus. It is based on a provision of the Criminal Code that involves engaging in activities for a foreign special service and providing this service with information that could harm the Republic of Poland. The case is also being investigated by special services.
Chairman of the parliamentary special commission Marek Bjernecki said on Thursday that the judge who sought asylum in Belarus has 2,000 cases pending, including those involving soldiers and officers. "The damage caused by Tomasz Schmidt is real," he said.
Meanwhile, the press secretary of the prosecutor general, Anna Adamiak, noted that at this stage, it had not been established that Schmidt allegedly provided information that could jeopardize the interests of the Republic of Poland.
Adamiak added that the former judge's immunity was lifted under an accelerated procedure, given the specificity of the case. According to her, this is a starting point for bringing charges and issuing an indictment.
In June of this year, Szmydt was planning to make decisions in cases regarding access to NATO and European Union classified information. The prosecutor's office is investigating whether the former judge was a spy.
Against the backdrop of the scandal and the growing spy influence of the Russian Federation, Polish Prime Minister Donald Tusk proposes to restore the Polish Commission for the Investigation of Russian Influence.