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Sunday, August 16, 2020

Muzzle Law of Poland: An attack on the Independence of Judiciary

This article is by
Syed Ahmed Uzair
Syed Ahmed Uzair
Eastern Europe

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Article Contributor(s)

Syed Ahmed Uzair

Article Title

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Global Views 360

Publication Date

August 16, 2020

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Andrzej Duda, the President of Poland

Andrzej Duda, the President of Poland | Source: Wojciech Grabowski via Wikimedia

On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.

Supreme court President Malgorzata Gersdorf | Source: Adrian Grycuk via Wikimedia

Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.

In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.

The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.

people rallying on road near buildings
Protests against Poland’s judicial reform | Source: Külli Kittus via Unsplash

The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.

In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”

Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it  judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.

EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash

Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.

On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.

A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.

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February 4, 2021 4:52 PM

Persecution of Uighur Muslims in China and the silence of Muslim Countries

Uighur are natives of  Xinjiang province of China who are Muslims and regard themselves as culturally and ethnically close to Central Asian nations. Xinjiang province has been under the control of China since it was annexed in 1949 and many Uighurs still identify their homeland by its previous name, East Turkestan. There are around 11 million Uighurs in Xinjiang and China claims that Uighurs hold extremist views that are a threat to national security.

In 2017, the Xinjiang government passed a law prohibiting men from growing long beards and women from wearing veils and dozens of mosques were also demolished.

As per the report of UN Committee on the Elimination of Racial Descrimination, the Chinese government has detained at least one million Uighurs in the detention camps in Xinjiang, China. After denying the existence of the camps for a long time, when the photos of the camps emerged, the Chinese government called them “re-education centres'' for Uighurs though the former detainees said they were detained, interrogated and beaten because of their religion, and not “re-educated.”

In July 2019 to the U.N. Human Right Council, 22 countries, mainly European countries, responded to “disturbing reports of large scale arbitrary detentions of Uighurs” and condemned the Chinese leadership.

Four days later, 37 countries, defended China’s “remarkable achievements in the field of human rights” by protecting the country from “terrorism, separatism and religious extremism.” The list of the 37 countries also included Muslim-majority countries like Saudi Arabia, Pakistan, Egypt, Qatar etc.

At the end of October 2019, 23 countries including France, the United Kingdom, United States denounced the repression of the Uighurs at the UN Committee on Social, Humanitarian and Cultural Affairs. Nevertheless, Beijing won the support of 54 countries, who praised the Communist Party’s management of Xinjiang.

In February 2019, Saudi Arabia showed their “respect” for Xi Jinping, the Chinese leader before they signed major commercial contracts with China. Egypt wants Beijing to finance its infrastructure and hence allowed the Chinese police to interrogate Uighur exiles on its soil in 2017. Pakistan, who has talked about the mistreatment of Rohingyas, has been silent on Uighurs since the Chinese Belt and Road Initiative is going on in the country.

Even Iran, who issues occasional criticism wants support from China and hence keeps the criticism coded. “There is a lot of sympathy for the Uighurs in Turkey, but the reality is that Erdogan needs China as an ally for economic reasons and to counteract the West’s diplomatic pressure on issues like Syria,” said Rémi Castets, a political scientist.

In 2017, the Organisation of Islamic Cooperation responded very differently to the Rohingya Crisis (Myanmar’s military crackdown on the country’s Rohingyas), where countries like Saudi Arabia, Iran and Turkey defended the rights of the Muslim minority group in Myanmar and actively condemned the treatment of Rohingyas in the UN Human Rights Council in Geneva.  

The question here arises is that contrary to the sentiments of their citizens, why do Muslim states stay silent over China’s abuse of the Uighurs?

Sophie Richardson, the director of China at Human Rights Watch, has a short and simple answer — there is less solidarity for Uighur than Rohingyas or Palestinians because China has managed to win these countries’ support due to its economic might.

Only time will tell how long these countries will continue to give preference to the economic interests over the anti-China sentiments of the citizens.

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