Criminal proceedings concerning commemorative expression opposing antisemitism and recalling the Holocaust. An artist was prosecuted for publicly displaying the message “I miss you, Jew” as part of an artistic project commemorating Jewish communities exterminated during the Holocaust. The Supreme Court quashed the conviction, holding that the expression was not antisemitic but a gesture of remembrance and resistance to antisemitism, and that penalising such conduct would constitute an unjustified interference with freedom of expression and artistic freedom.
Art. 1 § 1, Art. 63a § 1 Criminal Petty Offences Code
Art. 537 § 2 Code of Criminal Procedure
Art. 112 Code of Procedure in Petty Offences
Art. 54 ust. 1, Art. 73 Constitution of the Republic of Poland
Art. 10 European Convention on Human Rights
Art. 19 International Covenant on Civil and Political Rights;
Art. 11 and Art. 13 Charter of Fundamental Rights of the European Union