
Kaminski and Wasik are a high-profile figures in the former ruling party Law and Justice (PiS). Until recently, Kaminski was the interior minister and Wasik was a deputy interior minister.
Two other high-ranking CBA officials involved in the land scam operations were sent to one year in prison.
The ruling was issued by a Regional Court of the second instance in Warsaw on Wednesday.
"The ruling issued today is final," Judge Anna Bator-Ciesielska said.
The convicted have been banned from holding public positions for five years. One of the three judges expressed a dissenting opinion in the ruling, in favour of the convicts.
Kaminski called the Wednesday ruling "complete lawlessness" and "a great disgrace to the justice system."
"This verdict, which we do not recognise and believe that there are no grounds to terminate our mandates, is a judgment worthy of contempt ... in line with what is currently politically happening in our country," he said.
Wasik echoed him by saying "We do not feel guilty, we do not feel convicted."
"We were legally pardoned by the president. And what happened in the Regional Court is like being tried again for the same case," he added.
Adam Bodnar, the justice minister, took to X to react to the ruling.
He wrote that "We are all equal before the law and we are obliged to obey it."
Justice will reach everyone who violates norms, regulations and laws, regardless of their positions or social roles," he added.
In March 2015 Kaminski and Wasik were sentenced to three years in prison for masterminding an anti-corruption provocation in 2007 that a Warsaw court found illegal and criminal. The two other officials, Grzegorz Postek and Krzysztof Brendel, also received prison sentences.
But in November, 2015, President Andrzej Duda pardoned all four.
On June 3, 2023, Poland’s Constitutional Tribunal ruling effectively upheld Duda’s decision.
But later in June, 2023 the case returned to the docket after more than eight years following the Supreme Court's decision.
Commenting on the Wednesday ruling, Duda's aide Malgorzata Paprocka told PAP that the jurisprudence of the Constitutional Tribunal confirms the president's power to exercise the right of pardon.
"The Supreme Court has no legal basis to review the exercise of the prerogative by the President of the Republic of Poland," she said.
"In the opinion of the President's Office, the gentlemen are pardoned, the pardon is valid and has legal force," Paprocka argued.
Szymon Holownia, speaker of the Sejm, parliament's lower house, told reporters that once a letter from the court notifying about the ruling arrives at the Sejm "it will be necessary to issue a decision to terminate the mandates of MPs Wasik and Kaminski.
Kaminski was head of CBA in 2007. The operation was carried out on his orders and designed to unmask an alleged "land scam" involving officials of the then Ministry of Agriculture. In its aftermath, the then ruling coalition, including Law and Justice (PiS) and two smaller parties, collapsed.
In 2010 all four CBA officials were charged with abusing their powers, illegal covert actions, forgery of documents and deceptive evidence gathering. (PAP)
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