Deputy Prosecutor General Suspended After Launching Coup Investigation

Deputy Prosecutor General Michał Ostrowski has been suspended for six months. Ostrowski, who initiated an investigation into an alleged coup attempt, had received the complaint last week from Constitutional Tribunal President Bogdan Święczkowski. 

Documents Submitted Monday

Ostrowski has held his position as Deputy Prosecutor General since November 2023, having been appointed by then-Prime Minister Mateusz Morawiecki. Święczkowski announced last Wednesday that Ostrowski had begun an inquiry based on his notification. The investigation concerns alleged actions by several high-ranking officials, including Prime Minister Donald Tusk, parliamentary leaders, and judges, whom Święczkowski accused of conspiring to overthrow Poland’s constitutional order.

According to Święczkowski, these individuals allegedly formed a “criminal organization” as of December 13, 2023, aiming to undermine the authority of the Constitutional Tribunal (TK), the National Council of the Judiciary (KRS), and the Supreme Court (SN).

National Prosecutor Dariusz Korneluk stated on Monday that Prosecutor General Adam Bodnar had twice ordered Ostrowski to submit documents related to the coup inquiry. Ostrowski was given a deadline of Monday to comply. Anna Adamiak, spokesperson for the Prosecutor General, confirmed that the documents were delivered to the General Prosecutor’s Office in Warsaw.

Ostrowski to Appeal the Suspension

Speaking to Polsat News, Ostrowski defended himself, claiming he had not committed any disciplinary offenses. He asserted that Bodnar was fully informed of all developments and that he had complied with the directive to hand over the case files. Ostrowski said he would appeal the decision to a disciplinary court.

“I’ve worked for thirty years. All I wanted was to conduct this investigation objectively and without interference,” Ostrowski said. “Recent findings have reinforced my belief that the investigation was justified.” He argued that the case involves a “systemic coup,” with legislative and executive authorities exerting control over the judiciary in a manner not allowed by the Constitution.

Allegations of Procedural Misconduct

The National Prosecutor’s Office claims that Ostrowski, who supposedly had a close working relationship with Święczkowski from 2016 to 2022, did not properly register the complaint and knowingly proceeded with urgent investigative actions despite its political implications. He allegedly failed to recuse himself, despite grounds to do so.

Prosecutor General Bodnar appointed Piotr Kowalik to investigate Ostrowski for what is described as a “clear and egregious violation of legal procedures.”

Unregistered Correspondence

Last Thursday, Anna Adamiak revealed in a press conference that a Constitutional Tribunal employee personally delivered a sealed letter to Ostrowski’s office on February 3. On Thursday, Ostrowski submitted a letter requesting formal registration of the case, but questions remain regarding the content and status of the correspondence.

“Ostrowski is obligated to follow internal procedures regarding documentation,” Adamiak emphasized. “Failure to do so raises concerns about potential concealment of evidence, which could constitute a criminal offense.”

Ostrowski denies the allegations and, in an interview given on Tuesday to the wPolsce24 television network, stated that he had followed all procedures on his part. He mentioned that yesterday he handed over the investigation materials and the investigation plan to Adam Bodnar. According to Ostrowski, it was precisely what Bodnar saw in these materials that allegedly led to the decision to remove Ostrowski from the case and suspend him from prosecutorial duties for six months.

Constitutional Tribunal Verdicts Not Published

The Constitutional Tribunal has faced criticism over the presence of so-called “duplicate judges,” whose appointments are contested. In March 2024, the Sejm (lower house of Parliament) adopted a resolution asserting that any rulings made by the Tribunal under these judges could be deemed illegal. Since then, Tribunal verdicts have not been published in the official journal of laws.

In December 2024, the government further asserted that publishing Tribunal rulings would exacerbate the rule-of-law crisis, as the Tribunal allegedly lacks proper authority. Święczkowski has since demanded the publication of 22 Tribunal rulings from 2024 and has urged Parliament to fill vacancies in the Tribunal. Although Speaker Szymon Hołownia set a December deadline for nominations, only the ruling Law and Justice (PiS) party submitted candidates, with no date yet set for their confirmation.

“Unjustified suspension by the suspect”

President of the Constitutional Tribunal Bogdan Święczkowski commented on Ostrowski’s suspension:

“With disbelief and outrage, I received the information about the unjustified suspension of Deputy Prosecutor General Michał Ostrowski by the suspect, Prosecutor General Adam Bodnar. Ostrowski was leading the investigation based on my report concerning the reasonable suspicion of criminal offenses. This decision effectively prevents him from performing his duties within the scope of that investigation”

– reads the statement from Bogdan Święczkowski, President of the Constitutional Tribunal.

Prosecutor Michał Ostrowski / Fot. gov.pl