Investigation of flights to Smolensk will be resumed – Virtual Poland

Investigation of flights to Smolensk will be resumed – Virtual Poland

not at the request of the victims, but the office of the District Court of Warsaw-Center decided to revoke the decision of the prosecution to discontinue the investigation ws. “civil” thread the organization of flights to Smolensk 7 and 10 April 2010 the Court saw reasons that victims do not pointed.
 

said justifying this decision the judge Wojciech Łączewski, the decision is not driven by any political overtones. – When politics enters the courtroom, the window comes out of it justice. Therefore, the court does not make political assessments, but analyzes the dry facts – said the judge, citing the old legal adage.
 

He disclosed that the court analyzed three reasons for the decision to discontinue the prosecution and the investigation did not reveal in her assessment of the evidence. – For this reason, they are wrong prosecutor alleging erroneous assessment of the evidence, because the assessment did not exist. It is known that the prosecutor discontinued the proceedings, but did not know why he did, because this is not justified, so there is no way to assess the correctness of the decision – said the judge Łączewski. He added that it is a very common mistake prosecution, when conducting an investigation into the decision to discontinue the present evidence, but do not evaluate.
 

 He emphasized that the court had left unexamined applications crash victims’ families ws. repeal the provisions in the section on the organization of flight to Smolensk from April 7 – because they do not have the status of victims in relation to that flight. But regardless of whether the court considered the motion, that provision must be repealed in its entirety, because I do not share this matter.
 

Łączewski judge also said that by studying the organization of the visit must act as if the disaster not occurred. – In terms of safety the Head of State, Head of Government and other public officials. Not for the right to safe travel, but for the proper performance of the functions. Because performing this function is not thinking about it, if she has any threat, whether it can exercise it freely – he added.
 

– the Court is not empowered to order the prosecution to put the allegations and has requested the indictment, but may require the re-evaluation of evidence – said the judge assessing remission investigation ws. organization of flights to Smolensk. He also said that the acts are testimonies of people who perhaps should have charges.
 

– People who theoretically could be facing charges, were interviewed as witnesses. Meanwhile, on the basis of already collected (in investigation – PAP) documents could deduce any conclusions – said Wojciech Łączewski judge. He added that the prosecution should proceed in the investigation of specific chronology, and not “just hear witnesses in turn.”
 

– the Court is not empowered to order the prosecution to put the allegations and has requested the indictment. But the court has the power to order a re-evaluation of the evidence through the prism of the Criminal Code – said the judge.
 

As pointed out by examining the case analysis gave Polish aviation law. – And the court concluded that under Polish law the airport in Smolensk was not. So is the Prime Minister should land at the airport? No. The President in a private visit – yes. But if you had land, had to do a whole series of preparatory activities – he said. He added that based on data from BOR, with which acquainted in the secret know that there were some situations where politicians during private visits landed on private aerodromes. – But before it got recognition, discernment – he stressed.
 

– Is the offices of President and Prime Minister should prompt the BOR to give the status of HEAD to flights? Yes, but this was not done – the judge said referring in this way to some specific legal issues. He pointed out that the prosecution did not assess the fact that the presence on board the Tu-154M all the commanders of the Armed Forces. – Maybe there are other provisions in this matter, which should be known? For example, under the Polish membership in any alliance? Maybe when visiting chose to virtually the entire command of the army, they should know that you should not get on to one plane? – Said the judge in support of the decision.
 

Łączewski judge stressed that they are not disadvantaged because agents formulated in this case political charges. – The court, in part, was horrified by how easily the lawyers formulate some theses, with no reasons. The court does not intend to political assessments made. Returns only note that these ratings are not confirmed in the documents – including those from the secret registry. Especially those that the president traveling the Russian Federation, was threatened because he was unpopular. Do not formulate objections through the prism of politics, because everything can be resolved on the basis of law – pointed.
 

plenipotentiaries of the families of the victims are satisfied with the outcome of Tuesday’s court which quashed the decision of the prosecution to discontinue the investigation ws. organization of flights to Smolensk 7 and 10 April 2010, the Prosecutor did not comment on the decision.
 

– You can see the court very diligently examined the whole matter, in spite of its huge volume and pointed to what is most important – told reporters Ms. Bartosz Kownacki, representing some victims who filed the complaint. He added that the court pointed out, the extent to which is to be examined possible violation of the public interest that the public prosecutor should be understood broadly – “as well as the authority and seriousness of the state.” – That the current allotment prosecutor’s office was not done – he said Kownacki.
 

remarked that does not agree, however, with some of the theses of the court. – This case can not be separated from politics, because she works in the sphere of politics. If you went down to the failings of officials, their motivations were political – said Ms. Kownacki. Prior to the court in support of the decision argued that the case must be separated from politics.
 

Another complaint consisting of representatives of the Attorney Peter Pszczółkowski also expressed satisfaction with the decision of the court. – I am glad that the prosecution was obliged to ensure that the matter yet to explore. The findings of fact in this case are, the point is that the prosecutor considered another possibility conclusions of the investigation – told reporters.
 

– The prosecutor’s office does not comment on a final court order. After reading his written reasons, which will be drawn for two weeks, we make all appropriate corrective actions – said prosecutor Christine Witkowska of the District Prosecutor’s Office Warsaw-Prague, which will now have to resume the discontinued investigation. The prosecutor did not want to be related to the expression of Wojciech Łączewskiego judge about the conduct of the case.
 

Prosecutor’s Office investigated the case of any breach of duty or of power by public officials and officers of the Office of the President, Prime Minister, Foreign Affairs, Defense, Polish Embassy in Moscow in connection with the preparations for the 2010 flight to Smolensk – the Prime Minister on April 7 and the President of April 10. The idea was to prepare for the period from September 2009 to April 10, 2010
 

investigation – the first completed in June 2012 – once in March of last year, the court ordered the resume. The prosecutor’s office initially concluded that there was no one who could appeal this decision, because nobody in this case does not have the status of the victim. The court – after examining the complaint close to President Lech Kaczynski – but ordered to resume the proceedings. The prosecution then established a list of 382 victims in the case.
 

In September 2013, the prosecution again discontinued the case. Justification of redemption contained in the 343-page decision – due to the invalidity decision does not disclose its details. However, on the occasion of redemption in June 2012, the Prosecutor’s Office reported that deficiencies were found, but were not considered a crime. Complaints against the decision made 21 of the victims. clear=”both”