„In Poland in June, the Lublin Court of Appeals upheld a 2021 court ruling that Protestant Pastor Paweł Chojecki serve eight months of community service after being found guilty of «offending religious feelings» for critical comments he made about Catholics and the (Polish – ed.) president” – reads an annual report by US Commission on International Religious Freedom (USCIRF). It cites Pastor Chojecki’s conviction as an example of violations of international protections for freedom of religion and freedom of expression in Europe.
The conviction of Pastor Paweł Chojecki is described in the section “Key global developments” in the section “Laws restricting religious freedom.” The report cites only two examples of violations of international law in Poland and one of them is the trial of Paweł Chojecki, editor-in-chief of Against the Tide TV and pastor of the independent evangelical New Covenant Church in Lublin.
Does „blasphemy law” really apply in Poland?
“A number of European states passed and enforced laws that restrict expression deemed insulting to religion, in violation of international protections for freedom of religion or belief and freedom of expression. (…) In Poland in June, the Lublin Court of Appeals upheld a 2021 court ruling that Protestant Pastor Paweł Chojecki serve eight months of community service after being found guilty of «offending religious feelings» for critical comments he made about Catholics and the (Polish – ed.) president” – wrote the report of the U.S. government agency for religious freedom.
The US agency emphasizes in the document: “Blasphemy laws remain one of the most significant challenges to religious freedom by punishing acts or expressions deemed insulting or offensive to religious feelings, figures, or symbols with the death penalty, compulsory labor, imprisonment, or fines.”
Why was Pastor Chojecki convicted?
In the online television channel that he founded, „Against the Tide TV,” Pastor Paweł Chojecki has been criticizing the Catholic Church for years over issues such as pedophilia, straying from Jesus’ teachings, and collusion with the authorities. (Every week, several thousand viewers watch his sermons about free grace salvation, without the need for sacraments and good works.) He called Polish President Andrzej Duda a coward for his lack of decisiveness regarding Russia. It was precisely for these reasons that pro-Russian and Catholic circles began a campaign against the pastor. (One of the auxiliary prosecutors in the pastor’s trial recently participated in a pro-Russian demonstration in Lublin. Another is being investigated by the Internal Security Agency (ABW); in February of this year, his books were confiscated as part of an investigation into the denial of Nazi crimes against Jews.) They found an ally in the Prosecutor’s Office, led by Minister of Justice Zbigniew Ziobro, which in 2020 charged the pastor with insulting President Duda and offending the religious feelings of Catholics.
Poland has laws, compared by some to the so-called „blasphemy laws” in Islamic countries, where it is forbidden to insult the Quran or Muhammad. In Poland, this includes Article 196 of the Penal Code regarding the offence of religious feelings, which is primarily used to prosecute critics of the Catholic Church.
In 2021, Judge Andrzej Klimkowski of the Lublin District Court stated that Pastor Chojecki „attacks the Church as an institution” and sentenced him to 8 months of restricted freedom in the form of community service and ordered him to pay over 20,000 PLN in legal costs. Judge Wojciech Zaręba of the Lublin Court of Appeals upheld the verdict.
Pastor Chojecki’s hope, who is also the editor-in-chief of Against the Tide TV, lies in appealing the verdict to the Supreme Court, which can only be done by the Ombudsman or the Minister of Justice (who is also the Attorney General). There was no hope for this under the rule of the Law and Justice party, but the situation changed when the October 15 Coalition came to power last year. Unfortunately, Ombudsman Marcin Wiącek (who was elected under the previous government) rejected the request and petition for the cassation of the pastor’s sentence. From the minister of the new government – Adam Bodnar – the pastor has not yet received a response. Instead, the pastor has filed a complaint against the verdict with the European Court of Human Rights in Strasbourg. In April, the Court decided to take up the case.
“Poland is being pointed fingers because of the fact that it violates standards of religious freedom,” – This is how Pastor Chojecki’s defense attorney, attorney Andrzej Turczyn, commented on the U.S. government’s report in the „Against the Tide LIVE” program. Pastor Chojecki also addressed the situation, lamenting that “this verdict is an embarrassment for Poland.”
A documentary film about Pastor Chojecki’s trial has been made, titled “Pastor on Trial: Convicted of Criticizing Catholic Church and Polish President”. Movie in German and Czech is to be available.
