L'enquête sur le meurtre des "deux tours". Piotr Antoni Skiba sur les "dieux" et les "totems"

The investigation into the so-called “Two Towers” affair has been officially closed by the Warsaw District Prosecutor’s Office. According to the spokesperson for the office, prosecutor Piotr Skiba, the case was dropped based on Article 17 paragraph 1 point 1 of the Criminal Procedure Code, which allows for the termination of proceedings when there is no evidence of a crime or when the suspicion of its commission lacks sufficient justification. This decision means that the prosecutors concluded that either no offense was committed or that the available information did not justify the suspicion of such an act. The legal basis for this conclusion implies that even if charges had been filed and brought before a court, the court might have reached a similar determination, leading to the acquittal of the accused rather than the dismissal of the case.

The decision to close the investigation follows years of controversy surrounding the alleged involvement of Jarosław Kaczyński, leader of the ruling Law and Justice party (PiS). In 2018–2019, Austrian architect Gerald Birgfellner submitted reports to the prosecution alleging that he incurred costs related to preparing construction projects for two skyscrapers on land owned by a company linked to PiS, Srebrna Sp. z o.o., located on Srebrna Street in Warsaw. According to Birgfellner, Kaczyński changed his mind about proceeding with the investment and refused to pay him for his services. Birgfellner recorded conversations with Kaczyński, and excerpts were published by Gazeta Wyborcza in January 2019. These recordings suggested that the project was halted due to political reasons unrelated to Kaczyński, and that paying Birgfellner would have been considered embezzlement since there was no formal contract for architectural services. It also indicated that Kaczyński advised Birgfellner to pursue legal action against him.

Birgfellner claimed that Kaczyński exploited their familial ties to defraud him of over one million euros worth of work. He sought to recover these funds. Five years ago, the prosecution declined to open an investigation. However, after a change in government, investigators returned to the case. On February 10, 2025, the Warsaw District Prosecution Office initiated an inquiry into whether Kaczyński, acting on behalf of Srebrna Sp. z o.o., intentionally misled Birgfellner into believing he had authority to make decisions on behalf of the company and attempted to avoid paying him for his services related to planning a high-rise building on property located at Srebrna Street 16 in Warsaw. The investigation focused on potential violations of Articles 286 § 1, 294 § 1, and 12 § 1 of the Penal Code.

The initial investigation was led by prosecutor Ewa Wrzosek, who was later transferred to the Ministry of Justice in August 2025. The case was then taken over by prosecutor Małgorzata Szeroczyńska, deputy chief of the Warsaw District Prosecution Office. The defense team for Birgfellner, including lawyer Roman Giertych, suggested that the change in lead investigator could be connected to the death of Barbara Skrzypek, a collaborator of Kaczyński who testified as a witness in the Srebrna and Two Towers cases. The prosecution responded that Wrzosek had not agreed to extend her assignment or continue handling the case in the Warsaw District Prosecution Office.

Despite the official closure of the investigation, allegations of political bias have emerged from both sides. A member of parliament from PiS, Janusz Cieszyński, claimed that the entire Two Towers affair was fabricated by Giertych. He criticized Szeroczyńska, noting that she had promotional items featuring the logo of her politically affiliated organization, Lex Super Omnia, displayed in her office. This group, established in 2017, opposed changes introduced by PiS in the judiciary. Cieszyński argued that individuals associated with such organizations would not want to be publicly linked to clearly evident cases.

In response to accusations of political influence, Skiba stated during a press briefing that he had not seen any portraits of state officials in Szeroczyńska's office. He emphasized that Szeroczyńska was an exceptionally independent prosecutor and believed that the criticism was merely an expression of dissatisfaction with the procedural decision. Skiba added that while no portraits of officials were visible, there were statues of Themis, the Greek goddess of justice and law, present in both his and Szeroczyńska's offices. He explained that these symbols represented the balance of scales that prosecutors must consider when making decisions, ensuring fairness and impartiality in their work.

The prosecution has confirmed that it will not provide detailed grounds for the decision to close the case until the ruling is translated into German. Meanwhile, Giertych has announced plans to file an appeal against the decision, indicating that the legal battle may continue despite the official closure of the investigation. The outcome of this appeal could potentially bring further clarity to the circumstances surrounding the Two Towers affair and the role of political considerations in judicial processes. As the situation unfolds, all parties remain under scrutiny, with the public awaiting further developments regarding the legal and political implications of the case.