A former Warsaw police officer is on trial after being accused of inappropriately using pepper spray against MP Magdalena Biejat during a 2020 protest.
Indictment and Incident Circumstances
The indictment in this case was submitted to court in December 2025. Sebastian S. is accused of exceeding his authority while on duty during a Women’s Strike demonstration on November 18, 2020, in Warsaw, by using pepper spray on then-MP Magdalena Biejat.
The officer allegedly sprayed her face from a distance of less than two meters.
Court Hearing Postponed
A hearing regarding the defense’s motion to dismiss the proceedings against the former police officer was scheduled for Friday at the Warsaw-Śródmieście District Court. However, due to a request from Magdalena Biejat’s legal representative concerning classified materials within the case file, requiring a secure courtroom, the hearing was postponed to June 11th.
Biejat Alleges Immunity Breach
Magdalena Biejat previously stated that the officer who used pepper spray against her violated her parliamentary immunity and fundamental principles of the rule of law.
“The prosecutor’s office twice dismissed the investigation. It lasted for over five years, but finally we are here, finally we are going to court, and finally, I hope, we will be able to fight,” said the Senate Vice-Marshal.
Legal Arguments and European Convention
Magdalena Biejat’s lawyer, Artur Kula, emphasized that the case focuses on Polish law.
“Also at play here are standards derived from the European Convention on Human Rights, concerning the prohibition of torture or inhuman treatment, because police violence should be viewed in this category,” Kula noted.
Initial Investigation and Witness Testimony
The investigation began following a notification filed by Magdalena Biejat on November 23, 2020. She was participating in a parliamentary intervention during a protest, while carrying out her duties as a Member of Parliament. During the demonstration, clashes occurred with security forces, with plainclothes officers removing protesters from the crowd.
According to the Warsaw District Prosecutor’s Office, Biejat attempted to intervene, calling for an end to the unjustified use of force while holding up her parliamentary ID. At that point, a plainclothes officer sprayed pepper spray in her face and then hid behind a line of uniformed officers.
Challenges in Identifying the Perpetrator
The investigation included questioning Biejat and the police officers involved, analyzing available video footage, and obtaining expert opinions in phonoscopy and anthropology.
“As a result of these procedural actions, a probable perpetrator was identified, however, both the initial anthropological opinion and witness identification lacked definiteness, and the perpetrator’s identity was not established beyond doubt,” the prosecutor’s office stated.
Expert Opinions on Use of Force
Investigators consulted another expert who determined, with a high degree of probability, that Sebastian S. was the person who used the pepper spray. They also obtained an expert opinion on police intervention tactics and techniques.
The experts concluded that the use of pepper spray was unjustified and disproportionate to the level of threat, and constituted an excessive use of force. The expert also stated that the use of gas against MP Biejat was inconsistent with the principles outlined in the Act on Direct Coercion and Firearms.
Charges and Potential Penalties
The officer’s behavior was also inconsistent and unjustified in the context of the Act on the Exercise of the Mandate of a Deputy and Senator.
Sebastian S., when questioned as a suspect, denied the charges and refused to provide a statement. He has no prior criminal record and is currently retired. He faces a potential prison sentence of up to 10 years.
