Statement regarding the hostile takeover of the office of the Ombudsman by the ruling parliamentary majority
As representatives of social organizations, we oppose the hostile takeover of the office of the Ombudsman by the ruling parliamentary majority. We do not accept de facto deciding on our rights and freedoms by the politically dependent tribunal of Julia Przyłębska, disregarding the fundamental principles of a fair trial in its works, including the issue of independence and impartiality of judges.
The view adopted yesterday by the tribunal is another example of the government's appropriation of the state, undermining the foundations of democracy and circumventing the provisions of the Constitution in accordance with the principle: even after us a flood.
The provisions of the Constitution of Poland do not preclude the continuation of the Ombudsman's mission until his successor is elected. The values included in the preamble to the Constitution and its systemic principles, such as the continuity of the functioning of public authorities, citizens' trust in the state, as well as care for the fundamental rights and freedoms of the citizen not to be violated, even require that this office be held until the election of a successor, independently by a person who previously obtained a democratic mandate.
The opposite standard adopted by the tribunal of Julia Przyłębska means that we all lose our defender. This change will most affect people for whom the office of the Ombudsman has been the main support and advocate of their rights in recent years. Therefore, it will be felt most strongly by people at risk of exclusion for various reasons: people from smaller towns, the elderly, with disabilities, in a homeless crisis, belonging to minorities, especially sexual minorities, people staying in detention centers. In 2020 alone, more than 72,000 requests for protection in individual cases were submitted to the Ombudsman's Office. In the light of recent events, Poland will also lose an important center for advocating for women's rights.
As a civil society, we are also losing an important center of social debate, a place to raise forgotten or neglected problems, forging new ideas and solutions. One of the last levels where people with different views could meet, respectfully looking for common solutions to problems they noticed.
The decision of the tribunal is also a direct threat to several hundred people working in the Office of the Human Rights Defender. The risk of purges, an attack on their independence and behavior known from other institutions taken over in a similar way. In these difficult times, we express our solidarity with everyone working in the Office of the Human Rights Defender. We want to thank all of them, as well as the departing Ombudsman, for their efforts to uphold human rights in Poland.
At the same time, we demand that the election of the new Ombudsman be held in accordance with the provisions of the Constitution. We consider any attempts to appoint a person discharging the ombudsman duties bypassing the Sejm and Senate as circumvention of the provisions of the Constitution.
We ask the international community to monitor the actions of the ruling parliamentary majority in this regard.
Organization's signature list
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Democracy Action
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Archive of Osiatyński
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OO Civic Control Center Foundation
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Center for Social Initiatives in Gliwice
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CRIS Social Initiative Development Center
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Educational Foundation Roman Czernecki
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Federation for Women and Family Planning
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The Donors' Forum in Poland
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Youth Union Forum
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Foundation "Space for Education"
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Foundation 360!
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Foundation for Local Activity
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Autonomia Foundation
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Bęc Zmiana Foundation
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Center Foundation prof. Bronisław Geremek
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Foundation Center of Entrepreneurship and Innovation 50+
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Chustka Foundation
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The Silent Rainbow Foundation
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ClientEarth Lawyers for Earth Foundation
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Foundation for Poland
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Dobra Wola Foundation
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The House of Baudouin Foundation
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Legal Education Foundation "Iustitia"
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Ecological Foundation "Zielona Akcja"
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Civic Development Forum Foundation
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Responsible Business Forum Foundation
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Frank Bold Foundation
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The Deaf Zacisze Foundation
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Foundation Stefan Batory
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Foundation Jagoda Pachota
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Liberal Culture Foundation
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Znak Christian Culture Foundation
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Liberte Foundation!
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Machina Zmian Foundation
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Lubartów Civic City Foundation
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Mundus Cantat Foundation
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MY Patients Foundation
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Foundation for Student Rights
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Foundation for Equality and Emancipation STER
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Foundation for Free Thinkers
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Foundation First Flat Poland
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New Center Foundation
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KARTA Center Foundation
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Panoptykon Foundation
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Parent Project Muscular Dystrophy Foundation
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Patria Foundation
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Foundation Full of Life
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Pole Dialogu Foundation
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Auxilium Foundation for Help for Disabled People and Children and Youth
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Pomeranian Center for Psychotraumatology Foundation
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Przemijanie Foundation
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Res Publica Foundation
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Rodzić po Ludzku Foundation
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Rococo Foundation
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Samodzielność od Kuchni Foundation
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The Heart of the City Foundation
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Shipyard Foundation
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The School with Class Foundation
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Trzy.org Foundation
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W Stronę Dialogu Foundation
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Faith and Rainbow Foundation
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Freedom from Religion Foundation
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WWF Poland Foundation
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Community Fund of the Śnieżnik Massif
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Greenpeace Poland
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Ponton Group
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Helsinki Foundation for Human Rights
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Civic initiative "We want all life!"
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Institute of Public Affair
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Janów Association for Carrying Help Humanus
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Kalisz City Initiative
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Campaign Against Homophobia
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Committee for the Defense of Democracy
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Krakow Institute of Criminal Law Foundation
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Political Critique (Stanisław Brzozowski Association)
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International Institute of Civil Society
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Mussszelka
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Citizens of Culture
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Wielkopolska Branch of the Foster Parenting Association
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National Federation of NGOs
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National Women's Strike
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"Open Republic" Association against Antisemitism and Xenophobia
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Polish Foundation Robert Schuman
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Polish Institute of Human and Business Rights
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Polish Tourist and Sightseeing Society, Żyrardów Branch
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Consultative Council at the National Women's Strike
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Civic Network Watchdog Polska
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Siedlce Association for Helping People with Alzheimer's Disease
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Amnesty International Association
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Spring without Barriers Association
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Cała Naprzód Association
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Association for Social Dialogue
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Homo Faber Association
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Association for them. Prof. Zbigniew Hołda
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Association for Legal Intervention
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Klon / Jawor Association
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The Women's Film Association
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Better World Association
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Association of Young Scientists
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Association for LGBT People Tolerado
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Our Imaginarium Association
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NOMADA Association
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Polish Education Association
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Solidarity Square Association
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Association TOGETHER FOR KONARZEWA
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Association for the Development of the Kaliska Commune
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Association for Rural Development in Śmiałowice
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WIDER HORIZONS Association
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Association TAK Tricity Women's Action
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Tarnowska Rospuda Association
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Multicultural Association Krakow
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Common Wójtowo Association
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Association of West Pomeranian Tastes
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Green Children Association
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Świętokrzyskie Center for Social and Cultural Initiatives
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Journalism Society
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The Society of the Zalewska Land Lovers
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Musical Society of Proszowice
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Grand Coalition for Equality and Choice
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Free Courts
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Jewish Association Czulent