Court “but” – Our Official

Court "but" – Our Official

prosecution must resume the investigation into the organization of flights president and prime minister to Smolensk in 2010 – decided to court.

Warsaw District Court yesterday overturned the decision Downtown District Prosecutor’s Office Warsaw Prague, which discontinued so. Civil topic Smolensk investigation.

– You have to wonder whether organizing these visits soldiers who are not public officials guilty of irregularities that violated public or private interest – spoke in support of the decision the judge Wojciech Łączewski. The court analyzed the three reasons for the decision to discontinue the prosecution investigation, but 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, so there is no way to assess the correctness of the decision – the judge said.

– People who theoretically could be facing charges, were interviewed as witnesses. Meanwhile, already on the basis of the documents could deduce the possible applications – the judge said Łączewski.

He added that the prosecution should proceed in the investigation of specific chronology, and not “just hear witnesses in turn.” The Court also stated 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. – 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 – the judge said. The court analyzed the Polish aviation law. – I came to the conclusion that under Polish law the airport in Smolensk was not – the judge pointed out.

District Court of Warsaw downtown for the second time to rule on the so-called. Thread organizational Smolensk investigation. The first cause of the whole thing was a redemption of him by the prosecution Prague two years ago, June 30, 2012.

Investigators studied the case of failure to comply or of power by officials and officers of the Office of the President, Prime Minister, Foreign Affairs, Defence and Polish embassies in Moscow in connection with the preparation in 2010 of flights to Smolensk. The prosecution decided then that there was indeed a number of irregularities and negligence on the part of state institutions, but others saw in this a criminal offense.

– Identified by prosecutors malfunctions officials for VIP flights to Smolensk not caused negative effects on the organs of the state – to inform the prosecutor Renata Mazur, a spokesman for the Prague district attorney’s office. Investigators then found numerous irregularities on the side of the Chancellery, Ministry of Defense and Ministry of Foreign Affairs, but in their opinion, “ran all the elements that need to be” to found an offense of failure to comply.

Complaint against this decision by Jaroslaw Kaczynski and Marta Kaczynska . Both investigators questioned the thesis that the test topic matter concerned only work to the detriment of the public interest and that there is in this situation, any person aggrieved. In November 2012, the complaint is upheld the District Court for Warsaw-Downtown, ordering investigate the violation of private interests by public officials. The prosecution has done this command – set a list of all the passengers of flights to Smolensk, not only Tu-154M, but also the accompanying aircraft with journalists; also relatives of the victims of the disaster. The investigation was resumed, in order to, in September 2013, to redeem them again.

In this decision, investigators Agents families of the victims filed another complaint, which yesterday considered a Warsaw court.

– order the resumption of the investigation is the only correct way. The prosecution will now re-evaluate the evidence. If it came to the next redemption investigation in this regard, we will consider submitting a subsidiary of the indictment – says attorney Peter Pszczółkowski, author of the complaint.

– Court thoroughly familiar with the matter. He shared our plea that the prosecution very residually note of the evidence. The court will consider now whether there has been a violation of Article. 231 of the Penal Code, whether the actions of public officials have not led to the exposure of the seriousness of the state, undermining the public interest and private – adds Ms. Bartosz Kownacki, the author of another complaint against the decision of the Prague prosecutor’s office.

Prosecutor goes zaparte

This is important because discontinuing an investigation in September last year, the prosecution emphasized that there is no causal link between the negligence of state officials responsible for the organization of visits 7 and 10 April 2010, a violation of public or private interest. The same argument she used present at yesterday’s meeting Christine Witkowska prosecutor of the District Prosecutor’s Warsaw-Prague.

– Activity officials had to organize a ceremony in Katyn and Smolensk, and not ensuring the safety of the flight to Smolensk – the prosecutor argued witkowska.

are the basis for the allegations

Speech prosecutor Witkowska ponaddwugodzinne court session ended, which recognized the complaint patrons Pszczółkowskiego and Kownacki. Lawyers pointed to a number of omissions on the part of officials of state bodies: the Chancellery, Ministry of Foreign Affairs and Defence, the organization of the visit of Prime Minister and President in Smolensk. In their view, contributed to the disaster.

Notice that the flight on April 10 was to be held, disappeared in the desks of officials of the Chancellery. Contrary to the obligation that was under them, officials failed to submit notice to 36 SPLT. And this points to the then head of the Chancellery of the Arabian Thomas, who was responsible for dispatching a fleet of government aircraft and supervision of officials directly involved in the organization of flights. It was one of the elements that contributed to the disaster on April 10.

It is the same problem of action the Foreign Ministry and Embassy in Moscow. Both institutions had full knowledge that the Severny airport was closed. She knew it too Chancellery, but has not been informed of this fact the presidential office. It was the same with the cards approach – embassy officials were obliged to raise the current approach of cards and hand them the MFA. This was not done – official embassy gave outdated card and for this reason has not suffered any responsibility. And finally, the case concerning the notification of the visit of President. Here she prosecutors concluded that there was a delay of notification of the visit of President Lech Kaczynski, as outside the country could give the impression of sluggishness Polish diplomatic services or ignoring their highest state authorities.

– This is the opinion devastating for the Foreign Ministry. In my opinion, such action by the department are eligible to place an indictment – argued yesterday before a court attorney Kownacki.

– Arranging international is the exercise of foreign policy. There was no doubt that the anniversary of the Katyn massacre in Polish foreign policy, especially towards the east, have a special importance. Therefore the duty of the MFA was to enable the most important people in the country to organize such a visit to Katyn to the Polish state authority did not hurt. In January 2010, there is information about the formal intention to participate in the celebration of President Kaczynski – this information should be immediately notified the Russian side. Ministry of Foreign Affairs is not doing this, however, lingers a few months, despite numerous reminders from the Office of the President. What are appropriately used the Russian side, which is still in February 2010, said that this visit does not know. This was to ridicule President Kaczynski, to show that he is not able to organize a visit to the international – attorney argued Kownacki.

According to the lawyer, delaying the notification of the visit on 10 April 2010 the attributes of an act of art . 129 of the Penal Code, which penalizes acts that harm the prestige of the state.

Assessment criminal, according to patrons, should also be subject to action of Defence, which was subject to 36 SPLT. – It is the soldier, after the formation canceled the demand for Russian navigator guidance, so-called. leader. Where is here, therefore, the responsibility of the Minister of National Defence for the actions of the soldier, who can afford to appeal the leader for aircraft as the political elite and the generals of the country? What was that rely supervision MON over 36 SPLT? – Asked Ms. Pszczółkowski. Attorney Witkowska yesterday refused to comment on the judgment.