On his own initiative, the Ombudsman took up the issue of the intervention of Police officers on March 6, 2024 against farmers protesting in front of the Sejm, i.e. he asked the Police Commander of the Capital City of Warsaw for information on this matter. He just got his answer. How does the Commander explain?
There was information in the media about limiting the access of journalists reporting on the events that took place on March 6 this year. before the Sejm, as well as about the brutality of officers. The Commissioner for Human Rights was particularly concerned about reports of an officer who allegedly threw an unidentified object at a group of protesting farmers.
March 7 this year Marcin Wiącek asked the superintendent. Paweł Dzierżak to provide explanations regarding the incident and indicate the factual and legal basis for the officers’ actions, including the use of direct coercive measures. He also asked about the course and result of the intervention – including the number and grounds for arresting people taking part in the protest and further actions taken against them. The Ombudsman was also interested in whether detained persons were informed by officers about the right to contact a lawyer and file a complaint against detention and – possibly – whether they exercised this right.
The Commissioner also asked the Metropolitan Police Commander to present information on the course of investigation activities, findings made and, possibly, disciplinary proceedings initiated against officers against whom there were reasonable suspicions that they had exceeded their powers.
Superintendent’s answer Paweł Dzierżak, commander of the Warsaw Police
Security activities carried out by the Police on March 6, 2024 in the capital city of Warsaw Warsaw included, among others: two assemblies. The first meeting planned in front of the office of the Prime Minister, convened by a private person associated with the farmers’ community. The meeting in question was started by the organizer at 11:00 a.m. and ended by him at 1:00 p.m. The second meeting, convened by a private person associated with the foresters and hunters community, took place in front of the seat of the Sejm of the Republic of Poland from 11:05 a.m. to 2:00 p.m. The above meeting was opened and closed by the organizer.
It should be noted that in accordance with Art. 1 section 2 of the Act of 6 April 1990 on the Police, the basic tasks of the Police include, among others: protection of human life and health and property against unlawful attacks violating these goods, protection of public safety and order, including ensuring peace in public places.
After receiving information about threats occurring during the assembly, the police immediately forwarded them to the organizer, who issued messages to refrain from illegal behavior. The organizer was also asked by the Police to direct the security services to extinguish the fire. During the activities, policemen used loudspeakers to broadcast messages to the participants of the meeting, calling on them to behave in accordance with the law. Members of Parliament, senators and other persons with immunity, journalists, media representatives and pregnant women were also informed about the need to leave the Police area. At the same time, the participants were warned that in the event of failure to comply with the orders issued by the Police, direct coercive measures provided for by law will be applied.
Police officers from the Anti-Conflict Team of the KSP Police were also deployed to negotiate with the protest participants in connection with the behavior of people gathered in the area of the Sejm of the Republic of Poland, who started throwing dangerous objects at the officers, including: elements of road infrastructure, as well as flares, firecrackers, glass bottles and eggs, police officers undertook official activities aimed at restoring the violated legal order and detained people committing prohibited acts. It should be emphasized that the Emergency Notification Center has started receiving reports, among others: about protesters who throw eggs and firecrackers on the balconies of the building at ul. Matejki 4, as well as about people entering the balcony of a private apartment.
Police officers used direct coercive measures against people violating the applicable legal order, including: physical force, handcuffs, chemical incapacitating agents, in accordance with Art. 6 section 1 of the Act of 24 May 2013 on means of direct coercion and firearms, and the choice of the means of direct coercion used depended on the behavior of the persons against whom they were used. The decision regarding the use of direct coercive measures by police officers participating in security was made individually by police officers each time. It should be noted that during the use of chemical incapacitating agents, the gas stream could have been dispersed towards people in the immediate vicinity of the people attacking the policemen.
During police operations on March 6, 2024, a total of 26 people who violated the applicable legal order were detained in connection with the security measures carried out. All these people were detained pursuant to Art. 244 of the Code of Criminal Procedure and informed about the reason for detention and their rights. In accordance with applicable law, these persons have been informed about the right to contact a lawyer or legal advisor, as well as to talk to him directly. I would like to inform you that two detained persons requested contact with a lawyer. A lawyer volunteered to participate in the procedural activities performed with one of these two people. All 26 detained persons were charged and released after the proceedings. None of the detained people filed a complaint against the detention.
Protection of human life and health
The activities carried out by the Police on March 6, 2024 were aimed at protecting the life and health of people and property against unlawful attacks violating these goods, protecting public safety and order, including ensuring peace in public places in the capital city. Warsaw and at the place where the events are organized, as well as ensuring the proper organization and coordination of projects related to the preparation and management of police activities.
At the same time, I would like to inform you that the course of activities carried out by the Police on March 6, 2024 was analyzed at the Capital Police Headquarters. Disciplinary proceedings were initiated regarding the incident involving a police officer throwing away an unidentified object. The officer was found guilty of committing an act for which the accused bears disciplinary liability and a disciplinary reprimand was imposed on him. The issued judgment is not final. Moreover, in cases related to the performance of official Police activities on March 6, 2024, in which there were grounds requiring clarification of the circumstances of the events, in particular the validity and correctness of the use of direct coercive measures by officers, explanatory activities were implemented in accordance with Art. 134i section 4 of the Act of 6 April 1990 on the Police. These activities remain ongoing.
Referring to the issue mentioned in the Commissioner’s speech regarding limiting the access of journalists reporting on the course of the event, I would like to inform you that the actions carried out by Police officers on March 6, 2024 were not directed at media representatives, but were undertaken only against persons violating the law. . It should be noted that these actions did not in any way restrict journalists’ freedom to report on the course of the meetings referred to in Art. 6 section 4 of the Act of January 26, 1984, Press Law.