Belarusian Prosecutor General’s Office opens a criminal case against Polish judge who refused to extradite founder of Telegram channel Nexta

February 1, BPN. Belarusian Prosecutor General’s Office initiated a criminal case against Dariusz Łubowski, the judge of the Warsaw District Court “for inciting ethnic hatred and social discord,” the press service of the Prosecutor General’s Office reported.

The actions of the Polish judge, “committed jointly with other persons,” were qualified in Belarus under the Article 130, part 3 of the Criminal Code. This article provides for imprisonment for a term of five to twelve years.

Łubowski passed the ruling in the case of the extradition of Sciapan Pucila, blogger and founder of the Telegram channel Nexta. Belarusian Prosecutor General’s Office claims that Pucila was “involved in terrorist activities and is accused of committing a number of crimes, including grave and especially grave ones, against public security and public order.”

“During the hearing, Dariusz Łubowski publicly disseminated deliberately false information aimed at inciting national enmity and social discord, insulted and slandered senior officials of the Republic of Belarus,” the press release says.

According to the Prosecutor General’s Office, such actions of an official acting on behalf of the Polish state “demonstrate apparent incompetence, disregard of the basic principles of justice and international obligations, confirming the obvious bias and fabrication of a trial in a particular criminal case, as well as its politicized and commissioned nature.”

Belarusian side also believes that ruling pronouncement was “clearly staged.”

The criminal case has been forwarded to the Investigative Committee for preliminary investigation.

The ruling to refuse Pucila’s extradition to the Belarusian authorities was passed by the Warsaw District Court on 26 January.

Belarusian authorities recognized the Nexta Telegram channel as an extremist group, adding its founder to the list of persons involved in the terrorist activities. According to the Polish court, criminal proceedings were initiated against Pucila under following articles of the Belarusian Criminal Code: 342 (organization and preparation of actions that grossly violate public order, or active participation in them), 293 (mass riots) and 130 (incitement of racial, national or religious hatred or discord).

The Investigative Committee of Belarus requested Pucila’s extradition from Poland in February 2021.