Bodnar: Human rights cannot be talked about present if they are not explained

obserwatorkonstytucyjny.pl 2 years ago

– Crimes and crimes of the communist authorities must be investigated due to the fact that this gives victims a chance not to forget their wounds. From the position of human rights, experience and memory of victims are highly important. This is why the state has a work to explain the crimes and crimes of state officials, even from a distant past. There are inactive victims among us. Not always celebrated and famous. frequently anonymous – erstwhile trapped, beaten, freed and then torn by life. They cannot be forgotten, the state is liable for them," said ombudsman Adam Bodnar during the July 9 debate in Darłów on the book by Caesar Lazarevich "Let there be no trace."

The book tells about the case of Grzegorz Przemik, a elder who was beaten to death by the police on 12 May 1983. He talks about the fraud of authorities, which actually lasted until 1989, the persecution and surveillance of witnesses of crime, the provision of false evidence and the burden of innocents only to conceal the duties of government officials.

In addition to the ombudsman and the author of this book Andrzej Mielcarek and prof. Jezzajadevo.

As Andrzej Mielcarek emphasizes, the book by Cezary Lazarewicz is the first summary of a dramatic communicative from 33 years ago, its context and consequences. It's a communicative of lies, and an example of this communicative is the full system. He showed this to those who longed for the Polish People's Republic: “The death of Grzegorz Przemik may have been a coincidence, but what happened later was not. Although respective people tried to argue this lie.”

Professor Jerzy Zajadło mentioned various models of the settlement of crimes against non-democratic regimes. Full rehabilitation is possible in 5 cases. this:

reconstruction of facts

Criminal liability

Compensation for victims or their relatives

Ethical work of perpetrators

memory cultivation

Countries deal with it differently. From "fat lines", e.g. Spain, to forgiveness at the expense of admitting guilt (RPA). The Polish model is the least unambiguous – "it seems to be punished alternatively than punished".

According to Cezary Lazarevich, the murderer of Przemyk failed to be punished due to the fact that the fraud of the Polish People's Republic was so effective (the case of officer Ireneusz Kosciuk was late and yet only Arkadiusz Denkiewicz went to prison for 2.5 years to the police). work station, instruction to police: “Play so that there are no traces”). The most dramatic thing for Lazarevich is that the perpetrators of fraud stay impunityless: prosecutors who falsely accuse them, MMA officers collect false statements, professors receive opinions from the authorities...

Professor Zajadło wondered whether it was not due to the fact that the regulation of law created procedures and regulations that made it hard to deal with unimaginable matters in this state. "We want justice, but we have the regulation of law," quotes the German opposition.

Adam Bodnar pointed out the ineffectiveness of the trial for wasting time on the Stroke during the trial in the 1990s – as a result, he was incapable to bring the perpetrators before the court's due date. However, it recalls that the case of Grzegorz Przemik was yet examined by the European Court of Human Rights, where the father of the murdered Leopold Przemik filed a complaint.

– Over the years, ETCP has created a case law that shows the work of democracy to explain crimes in undemocratic times. It gives you a sense of justice. Bodnar recalled that the European Court of Human Rights found that the Polish State had violated this principle.

He besides referred to the preamble to our Constitution, which says that citizens are passing the Basic Act to "remember painful experiences from erstwhile human rights were violated in our homeland." – The preamble does not let to deal with these issues solely with the task of a historian. It would not be possible present to talk about human rights if these issues had not been clarified and corrected. If the court in Hessen could have sentenced a 94-year-old Auschwitz defender a period ago, why didn't we do anything about it? – Bodnar asked. In the spring, he recalled, asked the Constitutional Court to examine the constitutionality of the articles, which practically prevented the prosecution of Communist crimes threatened by punishment for up to 5 years in prison after 1990.

– If we do not agree to the abuse of power by the police, we must besides deal with the crimes of the militia," he stressed.

Other respondents added that the participants of the communist strategy of force were not in a desperate situation. That's erstwhile people make moral choices. The same rules let a man to be hurt, but not hurt. due to the fact that moral choices can be made even in situations of oppression. “And it became more important,” Bodnar recalls.

– Time hides traces of evil. The past of the victims remains hard to describe, and the perpetrators have not even suffered moral consequences," said Andrzej Milkarek, the talker of the discussions. Cezary Lazarewicz emphasizes the importance of emotion erstwhile writing about past mistakes. due to the fact that it's the only time people will be interested. – My book may be a niche market, but the movie is promising. Then it concerns many people, and the audience accepted this message with applause," he said.

– These things request to be investigated, due to the fact that it gives victims a chance to remember that their wounds will not be forgotten – concludes Adam Bodner.

– Even if the perpetrator cannot be punished, whether it is criminal or moral, the fact-finding determines how we remember the case," the prof. emphasized. It is.

RPO

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