White eagle with devil horns, snakes and an inverted cross, but … The court decided to acquit Nergal – news

As pointed out in the justification for judgment, the activist presented Wojciechowicz as an untrustworthy person, and his remarks cannot be considered to act “in the legitimate public interest”.

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The trial in this case began in the Warsaw District Court in 2019. The former Warsaw official sued Śpiewak over a Facebook post in which the latter suggested that Wojciechowicz was removed from office in the fall of 2016 in because of its participation in the reprivatization. scandal. On Tuesday, the court allowed the majority of the lawsuit filed against Śpiewak. The activist must remove the disputed part of the entry, post an apology which must be visible for 30 days, and pay 10,000. for the Warsaw Children’s Hospice Foundation. The judgment is not final.

Determination on personal rights

As outlined in Tuesday’s rationale for the decision, the essence of the dispute was limited to establishing whether — by posting the message — Śpiewak violated Wojciechowicz’s personal rights in the form of reputation and honor.

“It should be noted that the then President, Hanna Gronkiewicz-Waltz, who resigned from Jacek Wojciechowicz, both during the press conference of September 8, 2016 (…) and during the present procedure, has pointed out that the resignation of Jacek Wojciechowicz was not related to this so-called reprivatization scandal. also noted that the entry clearly indicated participation in the reprivatization scandal as the reason for the dismissal.”The defendant thus presented the plaintiff as a person who lost his position for having participated in activities negatively socially associated” – a-t -it was noted.

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As noted, the contested fragments of the inscription “denied the complainant’s ethical and moral values”, and also “presented him as an incompetent, untrustworthy person, and exposed him to loss of trust in the public environment. and private”. “Undoubtedly, therefore, the published information violated his reputation, honor and dignity” – the court concluded.

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The judge also added that the statement in question was in the nature of statements of fact. “Jan Śpiewak did not indicate in his posts that their content was his opinion or opinion on this matter,” the judge said.

She stressed that it was obvious that the method of reprivatization of real estate in Warsaw and the irregularities connected with it were a problem “socially important and which has aroused interest for a long time”. “However, the publication of false information to the public that a given person was fired because he participated in the reprivatization scandal cannot be considered to act in the legitimate public interest” – said the court.

“Polish courts against freedom of expression”

On social media, Śpiewak described the ruling as “another outrageous conviction in which Polish courts act against freedom of expression”. “I was sentenced for a sentence in the post, which the Vice President himself de facto publicly uttered. In his justification, the court accused us of not proving Jacek Wojciechowicz’s links with the scandal of the reprivatization, whereas previously he had refused to allow us to provide evidence in this case wrote in this context about the dismissal of Wojciechowicz, but it does not matter No matter what Hanna Gronkiewicz-Waltz has said about Wojciechowicz,” he wrote. As he added, the verdict did not surprise him and he plans to appeal.

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Wojciechowicz from 2006 to 2016 served as the first deputy mayor of Warsaw. In September 2016, the president of the capital, Hanna Gronkiewicz-Waltz, announced the resignation of vice-president Jacek Jóźwiak, who oversees reprivatization files, and the resignation of Jacek Wojciechowicz, who was responsible for investments. Wojciechowicz, referring to this decision at the time, said: “I regret one thing, because if after 10 years of investment boom, investing 20 billion in Warsaw (…) I am targeted in the context of the reprivatization scandal , it is simply meanness, because it is related to my person and my departure from the office after 10 years of work, I dare say that, however, certain successes, just with such an unpleasant context”.

At that time, Śpiewak wrote on Facebook that Wojciechowicz had been dismissed from the town hall for “participation in the reprivatization scandal”. The former vice president therefore filed a complaint with the Human Rights Protection Court, demanding an apology and payment of PLN 10,000. PLN for social purposes.


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