Janusz Kochanowski

Janusz Kochanowski
Born	Template:Birth date Częstochowa, Poland
Died	April 10, 2010(2010-04-10) (aged 69)
Occupation(s)	Lawyer, diplomat
Known for	Commissioner for Civil Rights Protection of the Republic of Poland (Polish Ombudsman)

Janusz Bogumił Kochanowski (18 April 1940 – 10 April 2010) was a distinguished Polish attorney and diplomat who held the position of Commissioner for Civil Rights Protection of the Republic of Poland (commonly known as the Polish Ombudsman).

Life and career

Born on 18 April 1940 in Częstochowa, Poland, Janusz Kochanowski was married to Ewa, a Polish philologist. The couple had two children: Marta, who pursued a career in law, and Mateusz, who was studying law.

Kochanowski completed his legal education at the University of Warsaw's Faculty of Law. Between 1964 and 1966, he undertook judicial training at the Voivodeship Court in Warsaw. In 1980, he earned his doctorate with a dissertation entitled "The Subjective Boundaries of Criminal Liability."

His academic career included lecturing at the University of Warsaw's Faculty of Law during two periods: from 1966 to 1990 and later from 1997 to 2005. Between 1989 and 1991, he provided expertise to the Senate Commission focused on Human Rights and the Rule of Law. From 1991 to 1995, he served as the Consul-General of Poland in London. Additionally, he was a visiting fellow at Cambridge University during the years 1996 and 1997.

Since 1995, Kochanowski was active as a member of the District Council of Legal Advisers in Warsaw. He also participated in the independent self-governing trade union Solidarity from 1980 until 1991. His involvement extended to founding roles and memberships in various organizations: he was a founding member, secretary, and honorary member of the Rotary Club of Warsaw between 1989 and 2003. Other affiliations included The London Diplomatic Association (1991–1995), The Consular Corps in London (1991–1995), The London European Society and European Luncheon Club (1993–1997), The European Atlantic Group in London (1993–1997), The Polish "Ognisko" ["Hearth"] Club in London (1991–1995), The Oxford and Cambridge University Club in London (1997–1999), and honorary life membership in The British-Polish Legal Association. He served on the board of Transparency International and was involved with The Polish Council of the European Movement. Kochanowski also helped establish the Association for National Remembrance and contributed as a member to the International Adviser Journal of Criminal Law and Philosophy as well as the European advisory committee for Caselex.

In 1998, he joined a team tasked with evaluating the establishment of a Civil Service system in Poland and authored the related report. Between 2000 and 2001, he participated in drafting amendments to the Penal Code at the Ministry of Justice. From 2000 through 2006, Kochanowski chaired the "Ius et Lex" foundation, which aims to promote scientific research and educational projects related to Polish law, while advancing principles supporting the rule of law. Under his guidance, this foundation developed a comprehensive reform program for justice administration. Furthermore, between 2003 and 2004, he founded and led as chairman the Agreement of the Self-government of Legal Professions and Legal Organisations—a body dedicated to harmonizing activities among legal professionals to improve Poland's justice administration, restore legal system integrity, and elevate professional ethics within legal fields. From 2003 to 2005, he headed a think tank focused on analyzing state challenges and devising reform strategies; their findings were published in a case collection titled "Repairing the Republic."

Kochanowski was listed among passengers on board the Tupolev Tu-154 operated by the 36th Special Aviation Regiment, which transported President Lech Kaczyński along with other key officials. The aircraft tragically crashed near Smolensk-North airport close to Pechersk, Smolensk Oblast, Russia, on 10 April 2010, resulting in no survivors. His remains were positively identified two days following the disaster.

Academic Publications and Distinctions

Kochanowski served as the chief editor of the periodical Ius et Lex and was the initiator and editor of a series of seminal works in the field of philosophy of law. This collection features notable titles such as Etyka i Rządy Prawa ("Ethics and the Rule of Law") by David Lyons; Autorytet prawa ("The Authority of Law") authored by Joseph Raz; Prawo naturalne i uprawnienia naturalne ("Natural Law and Natural Rights") by John Finnis; and Moralność prawa ("The Morality of Law") by Lon L. Fuller. These publications aimed to transform both the interpretation and implementation of legal principles within Poland. Additionally, he edited a special edition released this year in the United States titled "International Terrorism Through Polish Eyes" for the journal American Behavioral Scientist.

Throughout his scholarly tenure, Kochanowski held multiple visiting fellowships at prestigious institutions including the Max-Planck-Institute für Ausländisches und Internationales Strafrecht in Freiburg, the University of Augsburg, Jesus College at the University of Oxford, as well as several colleges at the University of Cambridge. His Cambridge affiliations included Wolfson College, Robinson College—where he was elected senior member—Clare Hall, where he attained life membership, and Peterhouse. In 2001, he was also invited to serve as a visiting fellow at the British Academy.

Kochanowski authored more than 100 scholarly pieces addressing penal, administrative, and constitutional law, alongside topics in international relations. His three major monographs are: Subiektywne granice sprawstwa i odpowiedzialności karnej ("The Subjective Boundaries of Perpetration and Penal Liability") published in 1985; Zagadnienia odpowiedzialności za przestępstwa drogowe i przeciwko bezpieczeństwu w komunikacji ("Issues of Liability for Road Traffic Offences and Offences against Safety in Communications") from 1990; and Redukcja odpowiedzialności karnej ("The Reduction of Penal Liability") released in 2000. He also contributed to or co-authored several commentaries, including Przestępstwa i wykroczenia drogowego ("Road Traffic Offences and Misdemeanours") in 1991, as well as authoritative commentaries on the Highway Code that have become established references.

A number of his works were translated into German and English. Examples include: Über die Wandlung der strafrechtlichen Verantwortung und die sich verringernde Rolle dieser Verantwortung im gesellschaftlichen Leben published in Zeitschrift für Rechtsvergleichung (1978); Zur Problematik der Verkündung von Strafgesetzen in Polen, appearing in Jahrbuch für Ostrecht (1986); "Reasonable Man" Standards in Continental Law featured in The Journal of Legislative Studies (1995); and Penal Law in Confrontation with the Nightmares of the Past and Challenges of the Present Day, which examines penal law amid Poland’s political system transformation between 1990 and 2000, published in Managerial Law, Volume 44 Number 5 (2002).

Kochanowski also produced several reports and legislative drafts for the Polish Parliament and Government. These include: Projekt ustawy o służbie zagranicznej ("A Bill Concerning Foreign Services") drafted in 1998 upon request by the Ministry for Foreign Affairs; Raport o tworzeniu służby cywilnej w latach 1996 - 97 ("Report on Establishing Civil Service 1996-1997"), prepared under a commission appointed by the Prime Minister; and Analizy i oceny kodeksu karnego z 1997 na tle innych polskich kodyfikacji karnych ("Analyses and Evaluations of the 1997 Penal Code Compared with Other Polish Penal Codifications") completed in 1999 for the Parliament’s Bureau for Studies and Expert Appraisals. He provided numerous additional expert assessments for parliamentary bodies.

On 16 April 2010, Kochanowski was honored posthumously with the Commander's Cross with Star of the Order of Polonia Restituta. Subsequently, on 20 April, he was interred with full military honors at his family plot located within a cemetery in Czestochowa.

External links

• Janusz Kochanowski - biography on the official website of the Polish Ombudsman
• (in Polish) Janusz Kochanowski - Official personal webpage