The trial against Rafal Rudnicki, one of the people who runs our profile, will start soon, on 24 January 2024. We have been accused of defaming SWPS University. In spring 2019, we published a series of posts describing a conflict between the university administration and Kurdish students over the stall presenting Kurdish culture at an annual international festival. More than three years after our publications, the case has gone to court, where it will start as a criminal trial(!). The accusation by SWPS can be seen as a typical example of a SLAPP, i.e. a lawsuit aimed at silencing criticism in the public sphere.
The whole story begins in April 2019, when a group of Kurdish students from SWPS University asked us for support in publicising their situation during the university's annual Festival of Cultures. The students, from different parts of Kurdistan, wanted to exhibit a stall showcasing their culture for the first time, but the university authorities did not give them permission to do so. Instead, they were offered the use of stands from countries they consider to be invaders, which was additionally painful given the long-standing discrimination against Kurdish culture and identity in their countries of citizenship. An important factor was the ongoing Turkish-Kurdish conflict, which at the time was exacerbated by the policies of ruling President Recep Tayyip Erdoğan.
After we had talked to the kurdish students and reviewed, among other things, the correspondence with the university authorities, we decided to publish a series of posts reporting on the case, which received a lot of public attention, for example from media such as Gazeta Stołeczna, Metro and TVP Info. The Turkish embassy was also involved at some point on its social media where they suggested the students' alleged links to the outlawed Kurdistan Workers' Party (PKK) in Turkey, which is considered a terrorist organisation in many countries. The accusations of spreading terrorist propaganda created a serious threat to the students involved, especially those with Turkish citizenship.
After the case was publicised, the authorities of the SWPS University decided to return to talks about the festival's formula, which eventually led to an agreement to exhibit a Kurdish cultural stand during the Festival of Cultures, but without displaying national symbols.
This could have been the end of the story, but after more than three years we are once again having to fight a battle with the University. At the end of last year, Rafał Rudnicki, one of the editors of our portal, received a notice from the District Court for Warszawa - Śródmieście of pending criminal proceedings against him under Article 212 paragraph 2, which is the result of a private accusation by SWPS. The university accuses us of spreading false information, provoking national tensions and inciting aggression. As part of the settlement, in December 2023, the university was demanding the removal of what it considers to be problematic posts from 2019, a payment of PLN 10,000 to a foundation associated with University, and a public apology. In the statement demanded by SWPS University, we would apologise for publishing alleged untrue information and take full responsibility for any negative consequences of the conflict between the university and the Kurdish students, including "increasing the sense of fear and threat in the academic community, especially foreign students" and "antagonising the academic community and inciting aggression based on nationality".
This proposal was of course rejected, which took the case to court. The date for the criminal trial has been set for January 24th 2024 at 13:00, in the District Court for Warszawa-Śródmieście. According to the regulations, the hearing in such cases is held in a closed session, which prevents the general public or the media from attending. However, SWPS may request that the hearing be held in public, which we strongly urge.
In the face of this trial, let us express solidarity with the editors of the Kurdystan.info portal who stand up for freedom of expression and the right to participate in public debate.
The charges against Rafal are serious.A guilty verdict by the court could mean a fine, restriction of liberty or imprisonment for up to a year.The private lawsuit filed by SWPS University is a typical example of a "SLAPP" or judicial practice to suppress freedom of expression. "SLAPPs" or Strategic Lawsuits Against Public Participation is a type of lawsuit that aims to silence criticism through the legal process. In Polish conditions, due to the criminalisation of defamation, they can also take the form of criminal proceedings. It is characteristic of SLAPP-type actions that they are not directed solely at defending actual rights, but aim to restrict freedom of expression, participation in public debate or social activity. Governments and corporations use them to silence those who inform the public about their practices.
We are a small non-commercial portal charged by a rich and influential corporation. So the forces are not evenly matched, but as in all our past activities, we believe that David can defeat Goliath. We encourage all those who do not agree with the silencing of independent media, discrimination against national minorities and attempts to repair their image at the expense of activist to take solidarity actions and publicise the case through the means available to you. We are legally supported by Szpila collective, for which we thank them very much.
