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== Life ==
== Life ==
Tuleya was born in [[Łódź]] and raised in [[Warsaw]]. Initially he intended to study [[Medicine]], but continued to study law instead at the [[University of Warsaw]].<ref name=":0">{{Cite news|url=https://www.nytimes.com/2020/01/10/world/europe/poland-judges-tuleya.html?fbclid=IwAR0DqSPYLp7yc-SdJoyrNH6mvUunRK3sbH07Ey3rjzPp4cedemvM44qHBcY|title=In Poland, a Stubborn Defender of Judicial Independence|last=Berendt|first=Joanna|date=10 January 2020|work=|access-date=12 January 2020|url-status=live|language=en}}</ref>
Tuleya was born in [[Łódź]] and raised in [[Warsaw]]. Initially he intended to study [[Medicine]], but continued to study law instead at the [[University of Warsaw]].<ref name=":0">{{Cite news|url=https://www.nytimes.com/2020/01/10/world/europe/poland-judges-tuleya.html|title=In Poland, a Stubborn Defender of Judicial Independence|last=Berendt|first=Joanna|date=10 January 2020|work=|access-date=12 January 2020|url-status=live|language=en}}</ref>


He was a judge at the district court in [[Nowy Dwór Mazowiecki]]. In 2007, he adjudicated a complaint from former civil servant [[Janusz Kaczmarek]], who was suspected of leaking state secrets. Teluya ruled that his arrest was unfounded and even illegal. Tuleya was then accused by the prosecutor of partiality.<ref name=":1" />
He was a judge at the district court in [[Nowy Dwór Mazowiecki]]. In 2007, he adjudicated a complaint from former civil servant [[Janusz Kaczmarek]], who was suspected of leaking state secrets. Teluya ruled that his arrest was unfounded and even illegal. Tuleya was then accused by the prosecutor of partiality.<ref name=":1" />


In 2010 he was, after a judicial career of 14 years, appointed to the bench of the district court in Warsaw.<ref>{{Cite web|url=http://weekend.gazeta.pl/weekend/1,152121,22882703,sedzia-igor-tuleya-jestem-apolityczny-prowadzilem-sprawy-macierewicza.html|title=''Jestem apolityczny. Prowadziłem sprawy Macierewicza. Raz wygrał, raz przegrał''|website=gazetapl|language=pl|access-date=2020-01-13}}</ref> In 2012 he was also spokesperson of the court, a position that would be taken away as a result of his justification on the verdict in the [[Mirosław Garlicki]] case.<ref>{{Cite web|url=http://www.tokfm.pl/Tokfm/7,130517,23945547,kim-jest-sedzia-igor-tuleya-dwa-powody-dla-ktorych-przesluchuje.html|title=Kim jest sędzia Igor Tuleya? Dwa powody, dla których przesłuchuje go nowa KRS|website=tokfm|language=pl|access-date=2020-01-13}}</ref>
In 2010 he was, after a judicial career of 14 years, appointed to the bench of the district court in Warsaw.<ref>{{Cite web|url=http://weekend.gazeta.pl/weekend/1,152121,22882703,sedzia-igor-tuleya-jestem-apolityczny-prowadzilem-sprawy-macierewicza.html|title=''Jestem apolityczny. Prowadziłem sprawy Macierewicza. Raz wygrał, raz przegrał''|website=gazetapl|language=pl|access-date=2020-01-13}}</ref> In 2012 he was also spokesperson of the court, a position that would be taken away as a result of his justification on the verdict in the [[Mirosław Garlicki]] case.<ref>{{Cite web|url=http://www.tokfm.pl/Tokfm/7,130517,23945547,kim-jest-sedzia-igor-tuleya-dwa-powody-dla-ktorych-przesluchuje.html|title=Kim jest sędzia Igor Tuleya? Dwa powody, dla których przesłuchuje go nowa KRS|website=tokfm|language=pl|access-date=2020-01-13}}</ref>


On January 4, 2013, he convicted the physician Mirosław Garlicki to a year inprisonment, two years suspension and a fine because he accepted a bribe of 17,500 [[Polish złoty|zloty]].<ref>{{Cite web|url=https://wiadomosci.onet.pl/kraj/doktor-miroslaw-g-skazany-ziobro-ten-wyrok-to-zla-wiadomosc/k46fs|title=Doktor Mirosław G. skazany. Ziobro: ten wyrok to zła wiadomość|date=2013-01-04|website=Onet Wiadomości|language=pl|access-date=2020-01-13}}</ref> He acquitted him however of sexual abuse and causing the death of a patient.
On January 4, 2013, he convicted the physician Mirosław Garlicki to a year inprisonment, two years suspension and a fine because he accepted a bribe of 17,500 [[Polish złoty|zloty]].<ref>{{Cite web|url=https://wiadomosci.onet.pl/kraj/doktor-miroslaw-g-skazany-ziobro-ten-wyrok-to-zla-wiadomosc/k46fs|title=Doktor Mirosław G. skazany. Ziobro: ten wyrok to zła wiadomość|date=2013-01-04|website=Onet Wiadomości|language=pl|access-date=2020-01-13}}</ref> He acquitted him however of sexual abuse and causing the death of a patient.


In his justification of the verdict, Tuleya was very critical of the behavior of the prosecution. According to Tuleya, Garlicki was depicted as the personification of immoral behavior by physicians, and the [[post communist elite]] in general. The judge compared the behavior of the services with that of the [[Polish People's Republic|Stalinist regime]] with threats, nocturnal interrogations and unjustified detention. Based on this ruling, Tuleya had to face investigations by the anti corruption agency.
In his justification of the verdict, Tuleya was very critical of the behavior of the prosecution. According to Tuleya, Garlicki was depicted as the personification of immoral behavior by physicians, and the [[post communist elite]] in general. The judge compared the behavior of the services with that of the [[Polish People's Republic|Stalinist regime]] with threats, nocturnal interrogations and unjustified detention. Based on this ruling, Tuleya had to face investigations by the anti corruption agency.


In 2015, when the ''[[Law and Justice|Prawo i Sprawiedliwość]]'' [[Law and Justice|(Law and Justice, PiS)]] came into power, his verdict was used as support for accusations of corruption in the Polish judicial system.<ref name=":0"/>
In 2015, when the ''[[Law and Justice|Prawo i Sprawiedliwość]]'' [[Law and Justice|(Law and Justice, PiS)]] came into power, his verdict was used as support for accusations of corruption in the Polish judicial system.<ref name=":0"/>

Revision as of 00:05, 2 March 2020

Igor Tuleya
Tuleya in 2019 at Pol'and'Rock Festival
Born
Igor Zygmunt Tuleya

Occupationjudge

Igor Zygmunt Tuleya (born 24 August 1970, Łódź)[1] is a Polish lawyer, judge at the district court of Warsaw and former spokesperson for this court.[2] He's known for his criticism on government prosecutorial practices and his protests against judicial reforms, which he sees as a threat to the independence of the Polish judiciary.

Leben

Tuleya was born in Łódź and raised in Warsaw. Initially he intended to study Medicine, but continued to study law instead at the University of Warsaw.[3]

He was a judge at the district court in Nowy Dwór Mazowiecki. In 2007, he adjudicated a complaint from former civil servant Janusz Kaczmarek, who was suspected of leaking state secrets. Teluya ruled that his arrest was unfounded and even illegal. Tuleya was then accused by the prosecutor of partiality.[2]

In 2010 he was, after a judicial career of 14 years, appointed to the bench of the district court in Warsaw.[4] In 2012 he was also spokesperson of the court, a position that would be taken away as a result of his justification on the verdict in the Mirosław Garlicki case.[5]

On January 4, 2013, he convicted the physician Mirosław Garlicki to a year inprisonment, two years suspension and a fine because he accepted a bribe of 17,500 zloty.[6] He acquitted him however of sexual abuse and causing the death of a patient.

In his justification of the verdict, Tuleya was very critical of the behavior of the prosecution. According to Tuleya, Garlicki was depicted as the personification of immoral behavior by physicians, and the post communist elite in general. The judge compared the behavior of the services with that of the Stalinist regime with threats, nocturnal interrogations and unjustified detention. Based on this ruling, Tuleya had to face investigations by the anti corruption agency.

In 2015, when the Prawo i Sprawiedliwość (Law and Justice, PiS) came into power, his verdict was used as support for accusations of corruption in the Polish judicial system.[3]

In 2017, Poland ended up in a constitutional crisis around the supreme court and the disciplinary system of judges. Tuleya asked, like some other judges, the European Court of Justice to answer a prejudicial question on whether the new laws that were supposed to reform the Polish judicial system, were in accordance with European norms around judicial independence.[7] In September 2019, the advocate-general of the European Court issued an opinion that these prejudicial questions should be dismissed.[8] According to the advocate-general, it is not sufficiently clear that the judicial independence was actually infringed upon.[9][10]

Tuleya also criticized other changes in the judiciary that were introduced under Law and Justice. In September 2018, the disciplinary ombudsman asked him and two other judges to clarify their participation in television programs and the criticism that they stated.[11] As a consequence of his criticisms, Tuleya was threatened.[3]

References

  1. ^ "Declaration of financial interests" (PDF) (in Polish). 5 January 2017. Retrieved 12 January 2020.{{cite web}}: CS1 maint: url-status (link)
  2. ^ a b "Kim jest sędzia Igor Tuleya, który (znowu) postawił się PiS?". www.polityka.pl (in Polish). 2017-12-19. Retrieved 2020-01-13.{{cite web}}: CS1 maint: url-status (link)
  3. ^ a b c Berendt, Joanna (10 January 2020). "In Poland, a Stubborn Defender of Judicial Independence". Retrieved 12 January 2020.{{cite news}}: CS1 maint: url-status (link)
  4. ^ "Jestem apolityczny. Prowadziłem sprawy Macierewicza. Raz wygrał, raz przegrał". gazetapl (in Polish). Retrieved 2020-01-13.
  5. ^ "Kim jest sędzia Igor Tuleya? Dwa powody, dla których przesłuchuje go nowa KRS". tokfm (in Polish). Retrieved 2020-01-13.
  6. ^ "Doktor Mirosław G. skazany. Ziobro: ten wyrok to zła wiadomość". Onet Wiadomości (in Polish). 2013-01-04. Retrieved 2020-01-13.
  7. ^ Baran, Violetta (2018-09-06). "Sędzia Tuleya zwrócił się z pytaniem do TSUE, proces został zawieszony. Kim są oskarżeni?". wiadomosci.wp.pl (in Polish). Retrieved 2020-01-13.
  8. ^ "Rzecznik generalny TSUE odpowiada ws. pytań prejudycjalnych polskich sądów". Onet Wiadomości (in Polish). 2019-09-24. Retrieved 2020-01-13.
  9. ^ "EU court adviser: bid for preliminary ruling on Polish disciplinary measures 'inadmissible'". PolskieRadio.pl. Retrieved 2020-01-13.
  10. ^ "PRESS RELEASE No 114/19: Advocate General's Opinion in Joined Cases C-558/18 and C-563/18 Miasto Łowicz / Skarb Państwa". Court of Justice of the European Union. 24 September 2019. Retrieved 12 January 2020.{{cite web}}: CS1 maint: url-status (link)
  11. ^ Jastrzębski, Arkadiusz (2018-09-13). "Sędzia Igor Tuleya spodziewa się zwolnienia. "Sędziowie nie dadzą sobie zamknąć ust"". wiadomosci.wp.pl (in Polish). Retrieved 2020-01-13.