The Third Polish Republic under the UN's microscope

The authorities of the Third Polish Republic declared war on their own citizens.

Potwierdzenie nadania Raportu

Can you still freely express your opinion in Poland?

Formally, the Polish Constitution guarantees freedom of speech and expression to every citizen, ensuring the right to public debate and criticism of the government. In practice, however, journalists, activists, and commentators are increasingly being prosecuted in court or administrative proceedings, sometimes conducted by so-called neo-judges or specially delegated prosecutors, reminiscent of the SLAPP strategy, or the use of law to silence critics. Hundreds of proceedings, administrative pressure, and a chilling effect indicate that the state represses its own citizens, which in practice limits the ability to freely express opinions despite formal constitutional guarantees.

Are journalists and activists treated as second-class citizens, and are their work and activities becoming a threat to the state?

Yes, in practice, many journalists and activists in Poland experience treatment reminiscent of second-class citizens – their activities, instead of being protected as an expression of freedom of speech, are sometimes portrayed as a threat to the state. Individuals who criticize government actions, expose abuses, or analyze controversial political issues are sometimes dragged into numerous court or administrative proceedings, often conducted by so-called neo-judges and specially delegated prosecutors, resulting in psychological, financial, and legal pressure. Such practices create a system in which criticizing the government becomes risky, and the work of journalists and activists – instead of serving society – is treated as a threat to the state apparatus.

The Adam Kłoszewski Foundation’s latest Shadow Report , submitted to the UN Human Rights Council (HRC), sheds light on systemic human rights abuses in Poland that increasingly resemble SLAPPs – strategic legal actions intended to silence critics.

The report reveals the scale of repression: hundreds of journalists and activists are engaged in politically motivated legal battles , with the state using the courts and prosecutor's office as instruments of repression. All indications are that the government is not only restricting freedom of speech—it is effectively declaring war on its own citizens .

SLAPPing in Poland – when the law becomes a tool of repression

SLAPP (Strategic Lawsuit Against Public Participation) is a term used to describe lawsuits and legal proceedings used to silence critics in the public sphere . In Poland, we are increasingly seeing actions that reflect the nature of SLAPP :

• journalists receive criminal complaints for criticizing the state's policy towards the Ukrainian-Russian conflict ,

• social activists are brought to court for conducting educational campaigns or opinion polls,

• critics of the glorification of nationalist ideologies, Banderaism or false historical narratives are prosecuted for "defamation of the state" or "incitement to hatred" .

  
  

Although Article 14 of the Constitution of the Republic of Poland stipulates that the Republic of Poland ensures freedom of the press and other means of social communication, freedom of speech in Poland is a fiction. The Power Group, following the example of Nazi Germany, treats the law not as an instrument of citizen protection, but as a tool of oppression.

Several hundred prosecutorial and court proceedings – the system of political repression in numbers

The Adam Kłoszewski Foundation documents that several hundred proceedings are currently underway in Poland against journalists and activists who boldly write about the actions of the Power Holding Group in the Ukrainian-Russian conflict. Many of these cases are being handled by so-called neo-judges who were not properly appointed and therefore lack the legal authority to issue judgments . This means that the trials are subject to the defect of absolute invalidity, and the prosecuted individuals have no guarantee of a fair trial . Enforcing a judgment issued under such circumstances constitutes an unlawful violation of human rights and freedoms.

Can a judicial system be independent if the courts become an instrument of political control?

The judicial system in Poland formally remains independent, but when the courts become a tool of political control, their role as guarantors of justice is seriously undermined. The presence of so-called neo-judges and specially delegated prosecutors in political cases is reminiscent of mechanisms known from the totalitarian systems of Stalinism and Nazism , where the justice system served primarily the government's interests rather than the protection of citizens. In such conditions, court decisions cease to be neutral and become an instrument of repression. As a result, anyone who criticizes the government can be punished under the guise of law, and society loses a sense of legal security and justice. Therefore, Polish residents cannot count on the protection of their rights in a country that is theoretically democratic but in practice practices totalitarian political repression.

The Ukrainian-Russian conflict as a pretext for social control

It is worth noting that the UN Security Council, in Resolution 2774 (S/RES/2774(2025)) of February 24, 2025, defined the situation as a conflict, not a war . This position is legally binding on Poland. However, the political narrative of the Power Holding Group portrays events in dramatic terms, which is a deliberate, systemic manipulation aimed at falsely justifying the restriction of civil rights , including freedom of speech, and repressive actions. Under the guise of protecting national security and promoting a chosen interpretation of history, the state represses journalists and activists, drawing them into numerous proceedings that are political in nature and have a chilling effect on society as a whole.

In practice, this means:

• punishing journalists for critical comments , even if they are based on facts,

• forcing the propagation of selected historical narratives ,

• closing down discussions on political and social issues that do not fit the official government line.

  
  

Chilling effect – silence under threat of law

A report submitted by the Adam Kłoszewski Foundation documents the chilling effect that affects the entire society:

• journalists are afraid to publish inconvenient information ,

• citizens on social media are afraid to comment on government actions ,

• public debate becomes one-sided and controlled by the state ,

• Critics of the government face lengthy trials, heavy fines and administrative pressure .

Since 2020, Poland has been heading towards a state where criticizing the government has become a crime, and neither citizens nor foreigners can think freely or express their opinions publicly without risking criminal proceedings under the pretext of defending "national security."

Political repression

The Foundation's report contains specific information:

• journalists prosecuted for criticizing state actions towards Ukraine and Russia,

• educational activists accused of "inciting hatred" or "defaming the state",

• critics of Banderism (a form of Nazism) and nationalist ideologies arrested or prosecuted,

• many cases handled by specially assigned prosecutors , often inappropriate locally.

International law versus Polish reality

According to the report, the actions of the Polish authorities do not respect international obligations, in particular they violate articles of the ICCPR , including:

• Article 19 – freedom of speech and expression,

• Article 14 – the right to a fair trial,

• Article 2(3) – the right to effective legal protection,

• Article 4 – prohibition of derogation from human rights in time of peace.

Purpose of reporting

The Adam Kłoszewski Foundation sent a report to HRC to:

1. draw international attention to systemic human rights violations,

2. point out improper judicial practices and lack of judicial independence ,

3. put pressure on the government to restore freedom of speech and protect the rights of citizens.

The Foundation's report reveals that in Poland:

• repression against journalists and activists is systemic in nature ,

• freedom of speech and public debate are restricted ,

• derogations from human rights are de facto applied without a formal state of emergency ,

• the state declared war on its own citizens , using the law and courts as tools of repression.

Can Poland still call itself a democratic country if its citizens are afraid to speak the truth?

The Foundation's report suggests that, in practice, the Polish state applies pressure on critics that amounts to declaring war on its own citizens. Through its judicial and administrative systems, and its control over historical and media narratives, the state creates an environment in which expressing critical opinions of the government becomes risky , and citizens experience direct consequences for their words and actions. As a result, freedom of speech, although formally guaranteed by the Constitution, is systematically restricted in practice.

This report is not only a document for the UN; it is a wake-up call for the entire society , which should understand that freedom of speech and democratic values in Poland are under serious threat . Submitting it to the UN Human Rights Council and regularly reporting on the state apparatus' fascist repression of citizens to the international community may, in the long term, generate international pressure to restore compliance with international law. The Adam Kłoszewski Foundation's report documents violations of freedom of speech, the right to a fair trial, and the protection of citizens, which constitute direct violations of the ICCPR . Consequently, the Council and the international community can call on the Polish authorities to take remedial action, increase the transparency of the judicial system, protect journalists and activists, and respect human rights.

Such actions demonstrate to the Government that ignoring international law does not remain without consequences – and may contribute to real changes in the practice of a state that has formally committed itself to respecting international human rights standards.

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