Warsaw’s Appeals Court overturned a lower court ruling and dismissed a lawsuit filed by Jarosław Kaczyński against Radosław Sikorski regarding personal rights.
Appeals Court Overturns Lower Court Ruling
The Appeals Court reversed the decision of the first instance court and rejected the lawsuit brought by Jarosław Kaczyński against Foreign Minister Radosław Sikorski concerning the violation of personal rights. Sikorski emphasized that his statement, asserting that Lech Kaczyński “significantly contributed to the Smolensk catastrophe,” constituted a legitimate assessment.
Lawsuit Focused on Disrespect of Lech Kaczyński’s Memory
The lawsuit concerned Sikorski’s alleged disrespect towards the memory of the late brother of the PiS leader, President Lech Kaczyński. Specifically, it stemmed from a Twitter post published by Sikorski in January 2021, where he stated that President Lech Kaczyński “significantly contributed to the Smolensk catastrophe.”
First Instance Ruling Favored Kaczyński
A favorable ruling for Kaczyński was issued by the Warsaw District Court on March 17, 2023. The court then obligated Sikorski to publish an apology.
Sikorski Appealed the Initial Decision
The then-MEP filed an appeal. Sikorski announced on Monday via X (formerly Twitter) that the appeal had been scheduled for review by the Warsaw Court of Appeal.
Court Upholds Right to Critical Opinion
“The Appeals Court dismissed J. Kaczyński’s lawsuit for the protection of personal rights and definitively recognized that my opinion that ‘Lech Kaczyński significantly contributed to the Smolensk catastrophe’ was an element of a legitimate assessment of the late President of the Republic of Poland, Lech Kaczyński. Moreover, it had ‘sufficient factual basis’ – both in a subjective sense (the defendant’s own experiences in cooperating with the late Lech Kaczyński) and an objective one,” wrote Minister Sikorski.
Legal Counsel Confirms Lack of Illegality
Elżbieta Kosińska–Kozak, Sikorski’s legal representative in the case, stated that the court of second instance found the Foreign Minister’s statement to be lawful. She explained that the court recognized his right to express his opinion and that this criticism was further substantiated by facts.
Subjective and Objective Factors Considered
Kosińska–Kozak explained that the court referred to both Minister Sikorski’s subjective experiences – alluding to a joint flight to Georgia in 2008 – and objective matters. She pointed to the report of the State Commission for the Investigation of Air Accidents, known as the Miller Commission, which, although not directly cited by the court in its oral reasoning, was part of the case file.
Political Responsibility, Not Criminality
Kosińska-Kozak added that the court determined that, in this context, Radosław Sikorski had the right to express his opinion, including critical views on Lech Kaczyński’s presidency. The court understood Sikorski’s use of the word “contributed” to refer to the President’s political responsibility, not culpability for the crash.
Final Ruling and Potential Appeal
The Appeals Court’s ruling is final, but an appeal to the Supreme Court is possible.
Context of the Dispute
The case stemmed from a dispute over naming a Warsaw street after Lech Kaczyński. Sikorski had written: “Lech Kaczyński was a mediocre president and significantly contributed to the Smolensk catastrophe. He already has Wawel Castle and an illegal construction on Piłsudski Square. Enough of building a cult with no basis.”
