H.E. Marek Sadowski
Minister of Justice
Ministry of Justice
Al. Ujazdowskie 11
00-950 Warsaw
Poland

Fax: (+ 48 22) 621 55 40 / 621 49 86

Vienna, 7 May 2004

Your Excellency,

The International Press Institute (IPI), the global network of editors, media executives and leading journalists, strongly condemns the one-month prison sentence handed down to Beata Korzeniewska, a journalist for the daily, Gazeta Pomorska.

According to information provided to IPI, the libel charges against Korzeniewska stem from an article published in Gazeta Pomorska allegedly libelling a judge from the northern Polish city of Torun, Zbigniew Wielkanowski.

In her 19 May 2001 article, Korzeniewska stated that there had been rumours in circles close to the court that Zbigniew Wielkanowski was the author of anonymous letters revealing corrupt practices among Torun lawyers. Beata Korzeniewska also quoted Wielkanowski’s authorised statement as denying any connection to the letters. However, Wielkanowski decided to file criminal libel charges against Korzeniewska and demanded 50,000 PLN (approximately US$ 12,700) in damages.

Although Korzeniewska was declared innocent by the Court of First Instance in Plock, Wielkanowski appealed and the case was sent back to the Court, which found Beata Korzeniewska guilty of libel and handed down a sentence of one months’ imprisonment with a two-year suspension.

IPI understands that in 2000, the national daily Rzeczpospolita accused Zbigniew Wielkanowski of corruption, connections with organised crime and beating a local radio reporter. As a result, Wielkanowski lost his judicial immunity and was suspended from his duties.

While IPI makes no comment on the information contained in the articles written by Korzeniewska, it regards the decision to bring criminal libel charges against Korzeniewska as a serious press freedom violation. Furthermore, the sentence handed down to Beata Korzeniewska is a gross violation of everyone’s right to “seek, receive and impart information and ideas through any media and regardless of frontiers,” as contained in Article 19 of the United Nations Universal Declaration of Human Rights.

This is not the first case this year of a Polish journalist being handed down a prison sentence for his writings. On 6 February 2004, the Szczecin District Court sentenced Andrzej Marek to three months in jail for slandering a public official.

IPI urges the relevant authorities to repeal the sentence against Beata Korzeniewska and to initiate the process of removing laws that criminalise libel or slander. Legal remedies already exist in civil libel legislation to provide recourse for perceived defamation. Moreover, public officials need to be afforded less, not more, protection from defamation than ordinary citizens, if there is to be free and vigorous public debate, which is the hallmark of a democratic society.

We thank you for your attention.

Yours sincerely,

Johann P. Fritz
Director

CC:

H.E. Marek Belka, Prime Minister
Office of the Prime Minister
Al. Ujazdowskie1/3
00-583 Warsaw, Poland

Fax: (+ 48 22) 628-48-21

Mr. Andrzej Zoll, Polish Ombudsman
Office of the Polish Ombudsman
Aleja Solidarności 77
00-090 Warsaw, Poland

Fax: (+ 48 22) 827-64-53