On 17 January, a trial began in the case of 10 people detained and charged after a demonstration in solidarity with those locked detained in the guarded centre for foreigners in Krosno Odrzańskie. The demonstration took place on 12 February 2022 and more than 10 people were detained by the police during the demonstration. Two years later, a trial was launched in which 10 people were charged with a whole range of charges, in various configurations: violation of an officer’s physical integrity (art. 222 Crime Code), active assault on an officer (art. 223 CC), forcing an action on an officer (art. 224 CC), insulting an officer (art.226 CC). In addition, the individuals are charged with participation in a riot with the intent to violently assault persons and property and a hooliganism offence was added – raising the possible sentence.
Even before the trial began, the defence filed a motion to exclude the deciding judge. As it turns out, Judge Piotr Dębicki, who was drawn to adjudicate in this case, had two years earlier heard complaints about the detention of 8 of the 10 people accused today. In the justifications of those rulings, there were formulations and opinions concerning the charges of the criminal case starting today, especially with regard to participation in a fugitive and violation of bodily integrity of an officer. Interestingly, Judge Dębicki also personally applied for exclusion, but this application was not granted by the Gubin District Court. Today in the courtroom, the defence again filed a motion for exclusion, which was also joined by the prosecution.
In this trial we have 10 accused people, more than 20 witnesses and other evidence. Many of these materials have already been presented at the detention complaint hearings. Thus, they are known to Judge Dębicki and he had to refer to them when formulating his decision in the grievance cases. Meanwhile, the defendants have the right to start the trial from ground zero, with an unquestionably and indisputably objective Court. This is their fundamental right as defendants. In this case, there is a legitimate concern that this right is being curtailed for them.
The hearings were held on:
17 January 2024
24 April 2024
7 August 2024
Next hearing: 18 December 2024, 10:30am
