09WARSAW710, POLISH JUDICIARY BRACES FOR NEEDED REFORM

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Reference ID	Created	Released	Classification	Origin
09WARSAW710	2009-07-09 11:58	2011-08-30 01:44	UNCLASSIFIED//FOR OFFICIAL USE ONLY	Embassy Warsaw

VZCZCXRO9088
OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK
RUEHYG
DE RUEHWR #0710/01 1901158
ZNR UUUUU ZZH
O 091158Z JUL 09
FM AMEMBASSY WARSAW
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8570
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHMFIUU/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 03 WARSAW 000710 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/CE AND DRL 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS PREL PINR PHUM KCRM PL
SUBJECT: POLISH JUDICIARY BRACES FOR NEEDED REFORM 
 
REF: WARSAW 76 
 
SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION 
 
¶1. (SBU) Summary. Amid growing criticism of Poland's judicial 
system, Justice Minister Czuma has focused on the 
inefficiency of the EU's most expensive court system, on a 
per capita basis.  Czuma has also sought to take on the 
perceived lack of integrity among Polish prosecutors and 
judges -- though difficult to prove, corruption is believed 
to be commonplace.  In Poland, holdover Communist era 
practices slow court proceedings and lengthen pre-trial 
detentions.  Inexperienced entry-level judges join a 
close-knit group that enjoys almost complete immunity, with 
limited oversight. While no court system has ever been 
criticized for being too timely or too inexpensive, it is 
increasingly clear to most Poles that another round of 
judicial reforms is needed as Poland leaves its communist 
legal legacy behind.  Although some judges claim that 
Minister Czuma's pledged reforms would encourage executive 
branch interference, few Poles inside or outside of 
government would accept the undermining of the independence 
of the judiciary.  End Summary. 
 
Perceptions of Corruption 
------------------------- 
 
¶2. (SBU) An EU-funded Justice Ministry (MoJ) survey released 
in April showed widespread distrust of the Polish judiciary: 
44 percent of those polled held a negative opinion, primarily 
because of perceived corruption. According to respondents, 
the most corrupt groups are prosecutors (56 percent), 
solicitors (54 percent), and judges (50 percent). The other 
most common criticisms were lack of sufficient personnel, 
complicated procedures, excessive bureaucracy and delays. A 
large number also complained of court bias and unfair 
sentences. 
 
¶3. (SBU) According to Polish conventional wisdom, a judge's 
career objective is to become important enough to handle 
cases that attract larger bribes; however, there is no 
objective way to confirm such hearsay.  According to Grazyna 
Kopinska, the Director of the Batory Foundation's 
Anti-Corruption project, the Polish public tends to associate 
every irregularity or deficiency of the system with 
corruption. Those who lose court cases often unfairly accuse 
a judge or lawyer of corruption. Polish Human Rights 
Ombudsman Janusz Kochanowski insists that corruption is not 
the judiciary's biggest problem, but did admit that in many 
cases there may be some doubts about judges' impartiality. 
(NOTE: Septel will address the issue of corruption in greater 
depth.) 
 
Wheels of Justice Turn Slowly 
----------------------------- 
 
¶4. (SBU) Perceptions of judicial corruption and inefficiency 
are fed by demonstrable delays, including lengthy pre-trial 
detentions, which are caused by protracted court proceedings. 
 Many delays stem from the rigid formality and cumbersome 
procedures left over from the communist period.  For example, 
even when prosecutors have gathered sufficient evidence for a 
conviction, they often seek to interview any individual with 
the slimmest connection to a case, and then summon that 
person as a court witness.  As a result, Poland currently 
places first among countries that have lost cases before the 
European Court of Human Rights (ECHR) for violating 
defendants' right to timely trial, although the frequency is 
in part due to appellants' efforts to find an alternative to 
what they see as a flawed Polish court system. 
 
 
Is Funding Really the Problem? 
------------------------------ 
 
¶5. (SBU) Courts' problems are also blamed on insufficient 
resources and a lack of judges.  Resource and salary issues 
are the main concern of the Association of Polish Judges 
(IUSTITIA), a quasi-lobbying group that represents over a 
quarter of Poland's 10,000 judges.  Unlike judges in higher 
courts, regional judges -- who handle 90 percent of the 
workload in the Polish court system -- do not have 
assistants. Regional courts also have the least experienced 
judges and the fewest resources (in some regional courts, 
six-to-seven people share one computer).  MoJ officials are 
exploring new information technology solutions to bring 
greater efficiency to court administration (e.g., 
digitization and electronic contact between courts/clients). 
 
WARSAW 00000710  002 OF 003 
 
 
However, they acknowledge there is little funding for 
innovations at a time when Poland is grappling with tax 
revenue shortfalls and increased budget deficits. 
 
¶6.  (SBU)  Despite these resource constraints, Poland stacks 
up well with other countries' judicial funding.  According to 
a 2008 EU Commission study, per capita Poland spends more on &#x000
A;courts than any other EU member state and has the most 
judges.  For  every 100,000 Poles, there are 26 judges, 
compared with seven in the UK, 11.9 in France, and 15.7 in 
Ireland. Polish courts also hire the most support staff -- 83 
for every 100,000 citizens, compared with a European average 
of 56.  Judges' salaries are also higher than in most 
European countries, when compared with the national average 
salary.  Remuneration is higher in countries like the UK and 
Ireland, but there (like in the U.S.) a judge appointment is 
the culmination of a legal career, rather than an entry-level 
option right after law school. 
 
Are Polish Judges Qualified? 
---------------------------- 
 
¶7. (SBU) As in most civil law systems, new judges in Poland 
are typically recent law school graduates.  The best law 
school graduates generally choose lucrative corporate 
positions, leaving judge positions for lower-ranked 
graduates. Judges are selected through a civil service 
competition, have a 54 month apprenticeship (increased in 
March from only 24 months), and are then appointed for life 
by the President. Deputy Minister of Justice Krzysztof 
Kwiatkowski has called for a higher minimum age requirement, 
to be increased from 28 to 30 years of age. The MoJ plans to 
establish a new training center and curriculum for new judges. 
 
Are Polish Judges too Independent? 
---------------------------------- 
 
¶8. (SBU) In the early years of Poland's post-communist 
transformation, it was essential to establish a strong and 
independent judiciary.  However, many in Poland now believe 
more outside supervision of the judiciary is needed. Poland's 
1997 constitution grants judges almost unlimited immunity. 
Judges may not be arrested or detained unless caught 
committing a felony. A judge who commits a misdemeanor faces 
disciplinary proceedings by fellow judges in closed sessions, 
and may only be removed if it is determined that a serious 
crime has been committed. Judges' immunity occasionally 
causes public outcries, e.g., after a disciplinary court 
refused to lift the immunity of Warsaw District judge who 
seriously injured another person in a car accident.  IUSTITIA 
representatives acknowledge that courts' internal 
disciplinary systems lack transparency and credibility, and 
that judges rarely submit complaints against fellow judges, 
even when violations are suspected. 
 
Much-Needed Reform, or War on the Courts? 
----------------------------------------- 
 
¶9. (SBU) Since his appointment in January (reftel), Justice 
Minister Czuma has issued statements about the urgent need to 
fix the judiciary.  He has subsequently proposed wide-ranging 
reforms that give the Ministry new powers to supervise and 
oversee Polish courts.  Czuma also argues that judges and 
prosecutors' performance should be evaluated, at least in 
part, on the basis of how quickly and efficiently they try 
cases.  MoJ officials say the reforms will make regional and 
district courts more flexible, maximize judges' productivity, 
and facilitate the efficient management of courts.  By 
improving transparency and clarifying criteria for 
appointments and promotions, the reformers say they will 
boost the credibility of the judiciary, thereby safeguarding 
its independence. 
 
¶10. (SBU) For their part, judges complain that the proposed 
reforms would chip away at judicial independence by giving 
the Justice Minister too much authority to supervise and 
audit courts -- tasks now performed by the Supreme Court and 
the National Judicial Council.  Most judges also oppose the 
MoJ having a say in judge selection.  Stanislaw Dabrowski, 
the head of the National Judicial Council, has accused Czuma 
of "waging war" on the courts.  Czuma attributes the negative 
reaction to a "small elite who fear changing the status quo." 
 Judge Marek Celej, a director at the National Judicial 
Council, told the media that judges' criticism of the reform 
stems mainly from not having been consulted.  IUSTITIA has 
announced plans to propose its own revisions to the MoJ 
reforms. 
 
 
WARSAW 00000710  003 OF 003 
 
 
Comment 
------- 
 
¶11. (SBU) Widespread distrust of the Polish judiciary 
reflects increased public intolerance for inefficiencies and 
injustices of the communist past.  Despite the clear need for 
reform, and tensions between judges and the MoJ that have 
been a fact of life since 1989, few Poles question the 
sanctity of judicial independence.  While the pace of reform 
continues to be slow, Poland's judiciary has made strides in 
improving efficiency, chipping away at case backlogs, and 
reducing pre-trial detention times. 
 
¶12. (SBU) U.S. Mission Poland cooperates closely with the 
Polish judiciary on many law enforcement cases with a U.S. 
nexus, including cases involving U.S. citizens and the 
prosecution of Polish nationals extradited from the U.S. 
Improvements in the Polish judiciary benefit U.S. companies 
that invest in Poland; the cover of the May 2009 issue of 
American Investor (the American Chamber of Commerce magazine) 
is titled "In Search of Justice: Poland needs to reform its 
justice system so it serves the emerging democracy." The USG 
has also highlighted the need for improved handling of human 
trafficking and intellectual property rights cases.  The 
Embassy welcomes the visits of American experts who can share 
their experiences and support the government's serious reform 
efforts. 
ASHE

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