UIA-IROL was apprised of the circumstances under which the practicing Polish lawyer Mr. Roman Giertych was arrested on October 15, 2020.
The arrest of a lawyer in front of the courthouse on the eve of an important and politically controversial court hearing, where the lawyer was to act as a barrister, raises great concern for the legal profession, specifically and for justice, generally.
According to the information received, Mr. Giertych’s house was also searched, without the presence of the Dean of the Bar, as is required by law. Thereafter, Mr. Giertych fell severely ill, was transported to the hospital and remained unconscious for several days. As we were informed, the prosecutor read to Mr. Giertych the charges against him while he remained unconscious, which obviously violated his basic defense rights.
In addition, UIA-IROL received information regarding the suspension by the prosecutor of Mr. Giertych’s license to practice law in Poland. Such suspension – without affording Mr. Giertych the right to defend himself in a fair trial, respecting his rights of due process – is a violation of the Rule of Law and cannot stand.
In a letter to Polish authorities, UIA-IROL expressed its grave concern about the manner of the arrest and suspension from practice of Mr. Giertych.