Rusophobia is “animosity or aversion to Russians and to anything Russian or fear of Russians” (for: English Dictionary under W. Doroszewski. For many months now, there has been a court case before the Elbląg territory Court, which is clearly of a rusophobic nature.
At the beginning of the year, the local press reported that the Elbląska D.A.'s prosecution was about to drop proceedings on 2 elbląg nightly grave robbers – any of whom Matthew Kosiński (he agreed to print the data and image) and Paul V. – who are accused of stealing the symbol of Sierp and Hammer and the demolition of the monument at the russian Soldiers Cemetery in Elbląg, where the devastated monument-table is located.
Political Affairs
Unfortunately, it did. This is not only a scandalous decision, but above all a political decision, which not only worsens our already mediocre relations with the Russian neighbour, but besides in the position may result, for example, in akin destructions of property and monuments in Polish cemeteries and in memorial sites in Russia.
Let us remind you: the case concerns events of February 2022. The prosecution then accused Paul Z. and Matthew Kosiński of insulting the place of historical commemoration and deliberately destroyed the memorial plaque located at the cemetery of russian soldiers at Agrykola Street in Elbląg. Losses were then valued at PLN 600.
Historian, journalist, destroyer
– I confess to removing the sickle and the hammer from the board at Agricola Street, but I don't interpret it as a crime. – said Mateusz Kosiński, who is simply a historian (!) and writer “The Weekly of Solidarity” at the first trial before the territory Court in Elbląg. Paul Z. did not plead guilty. The trial has been in advancement since February 2023, 3 trials have already been held. In the course of these proceedings, there were court cases, specified as the decision of the prosecutor, who previously accused both men in accordance with the rules of art and the regulation of law, unexpectedly withdrew the indictment from the court, as confirmed by Tomasz Koronowski, Press spokesperson for the Elbląg territory Court. The Board of the Municipal Greens in Elbląg is formally injured in this case, who, on behalf of the voivods and local government, takes care of the area of the cemetery of russian soldiers as well as the place where the mentioned plaque is located.
Legal protection of resting places of the fallen
Some basic points request to be explained to readers. First, the issue of the protection of memorial sites and cemeteries of the deceased, including Red Army soldiers, which liberated Poland from the Nazi occupier during planet War II and restored, among others, the city of Elbląg to the borders of the Republic, regulates a number of legal acts, including the Law on graves and war cemeteries, The Cemetery Act and the Burdening of the Dead, Act on the protection of monuments and care of monuments and respective another related acts. The basic legal act governing the protection of both graves and war cemeteries is the Law on graves and war cemeteries. Under applicable law, it was accepted that graves and cemeteries of war stay under the protection of the State. The peculiar nature of their protection is besides highlighted in Article 2 of the Law on Graves and War Cemeterys. It states that “The war graves, regardless of the nationality and religion of the people buried in them, and the formations to which they belonged, are to be nursed and surrounded by the respect and seriousness they deserve”.
The Chuligian attack on the Constitution
Secondly, both the memory of national heritage and respect for human remains is, in the light of Polish socio-historical conditions, a peculiar good that deserves legal protection. In proof of this, in the preamble to the Constitution of the Republic of Poland dated 2 April 1997, the legislature recalls gratitude to the ancestors of Polish citizens "for the fight for independency occupied by large sacrifices". peculiar position was besides granted under the Polish legal strategy to graves and war cemeteries.
However, they sometimes become, as in this elbląg case, especially as regards the burial sites of abroad soldiers, the object of vandalism, the subject of acts of hooliganism, pseudopolitical or national origin, reconciling not only the victims of past conflicts, but besides the social peace and legal order, and even the welfare of the interstate relations existing between the Republic of Poland and neighbouring countries.
Contracts with east neighbours
In the meantime, the facilities of this kind are, starting with the interwar period, under legal protection, both under the Criminal Code and a number of circumstantial laws subject to the rigor of the law of offences and administrative law, and even to acts of global law, of which the Republic of Poland is party. Thirdly, any of the provisions of the agreement between the Government of the Republic of Poland and the Government of the Russian Federation on graves and memorials of victims of war and repression, drawn up in Krakow on 22 February 1994, and a akin agreement between the Government of the Republic of Poland and the Government of Ukraine on the protection of memorial and resting places of victims of war and political repression, drawn up in Warsaw on 21 March 1994, as well as a duplicate agreement between the Government of the Republic of Poland and the Government of the Republic of Belarus on the protection of graves and memorial sites of victims of war and repression, drawn up in Brest on 21 January 1995.
Against global law and agreement
The agreement with the Government of the Russian Federation regulates cooperation “for the resolution of all matters relating to the establishment, registration, organisation, preservation and appropriate maintenance of memorial and resting places – Polish in the Russian and Russian Federation in the Republic of Poland – soldiers and civilians who died, murdered and tortured as a consequence of wars and repression” (Article 1(1)) However, pursuant to paragraph 3 of that Article, the provisions of that agreement shall besides include ‘burdens of soldiers and civilians not included in the definition of paragraph 1 of this Article but located at resting places referred to in paragraph 1’.
Thus, erstwhile referring to the case of the elbląg act of vandalism and hooliganism committed by the accused Mateusz Kosiński and Paweł Z., it should be noted that by their unworthy and shameful act they not only violated the laws in force in the Republic of Poland, but besides violated the provisions of global agreements binding our country in bilateral and multilateral relations.
Spontaneously with construction hammers
The defendants, 1 of whom is simply a historian (!), explain how Kosiński: “I was raised that the sickle and the hammer is simply a symbol of evil”while admitting that “I have made a forceful removal of the sickle and the hammer”. Interestingly, during the trial, the suspect assured that the decision to remove the sickle and hammer was made spontaneously. Only that the tools (two construction hammers and a crowbar) which were revealed during the search of the car, which the accused utilized just before stopping, do not prove in favour of the version that the photograph of the sickle and the hammer from the commemorative plaque was not previously planned by vandals.
It is worth to add that the Kosiński vandal, although originating from Elbląg, was the consequence of the removal of the symbol from the cemetery monument as far as Warsaw, where it presently resides, and was said to be on its way to the Tucholski Borow. An interesting case of “spontaneity”, you must admit.
Sickle and Hammer and Totalitarianism
On questions from the local press addressed to the territory Attorney's Office in Elbląg, who reported that on 9 August this year she withdrew the indictment from the court and besides filed a motion to dismiss the proceedings, replied Beata Iskrzynska, territory lawyer in Elbląg like this: ‘The reason was the procedural situation which occurred after the indictment was brought before the General Court, in peculiar the explanations of the defendants who had only pointed to the motives of their action. The re-examination of the evidence (including the explanations of the defendants) resulted in a change in the assessment of the characteristics of the prohibited act and its degree of social harm. This assessment led to the designation that the intention of the defendants was not to insult and destruct the place commemorating the historical event, but to remove totalitarian state symbols from this object".
It is worth explaining here both to Readers, but besides to Prosecutor Iskrzyńska and to the “experts” of the prosecutors who, for this “expertism”, argue that according to Polish law communist symbolism is not prohibited, unlike fascist symbolism. The symbol of Sierpa and Młota is not a symbol of a "totalitarian state", as the unoriented historian Kosiński and the Elbląg prosecutorate want, but it is inactive a pre-revolutionary symbol of the alleged labour-boy alliance, present in the authoritative symbolism of many countries in the world, including the authoritative emblem of the Republic of Austria.
Communism is not fascism
As far as the current legal state in force in the subject substance of this symbol is concerned, both the Constitution and its Article 13 come to our aid, as well as Article 256 of the Criminal Code, which straight addresses the issue of promoting the totalitarian strategy and clarifies the Constitution. Its first paragraph clearly states (Article 256, § 1): "Who publically promotes a fascist or another totalitarian state strategy or calls for hatred against national, ethnic, racial, spiritual differences or due to undenominationality, is subject to fines, imprisonments or imprisonments of up to 2 years". In the light of this record, fascism, not communism, is considered an example ‘totality’, therefore, the promotion of the fascist state strategy is prohibited and penal in Poland.
The promotion of a communist, feudal or anarcho-capitalist strategy is not prohibited as specified and is not subject to punishment unless it is linked to the promotion of totalitarianism. The symbol on the cemetery plaque commemorating the dead for our freedom of russian soldiers of totalitarianism does not propagate – Iskrzyńska prosecutor suggests.
It is besides worth mentioning the judgments of the Polish Constitutional Court, of which the most crucial 1 in the subject, dated 19 July 2011 (Event No K 11/10), referring to the frequently raised by the “anti-communist” right of the question of “totaliztic symbols” referred to in Article 256(2) of the Criminal Code, clearly states that this part of the article cited above. "or as a carrier of fascist, communist or another totalitarian symbolism" it expired on 3 August 2011, in accordance with the judgement of that Court. The Constitutional Tribunal considered this passage to be unconstitutional for 2 reasons, which the prosecutor can read about in item in specialist literature and in the public press.
Out of hate
In accordance with Polish law and binding global agreements, any changes to the cemeteries and memorial sites may only take place after consultation and with the agreement of the countries concerned. Neither the decision of the Elbląg prosecutor's office nor the barbarous action of the 2 elbląg vandals fulfil this condition. Their actions bear only the signs of a crime motivated by national hatred, nationalist chauvinism and disgraceful, unfortunately inactive popular, and late besides promoted by politicians and the media mainstream and government—rusophobia.
No victims?
On 4 September this year, another trial was held before the territory Court of Elbląg, where neither the defendants nor any typical of the Elbląg prosecutors appeared. Interestingly, in the meantime, there has been an exchange of prosecutors dealing with the case; the 1 who brought the case to court under the law was removed from the case and transferred criminally to a little prestigious position in the Elbląg institution, and in her place a prosecutor was appointed more, um, a lowly 1 who decided to... leave.
At that sitting, the court was to question further witnesses, but in connection with the prosecution's actions, he had to step aside from these activities and examine another issues set out in the provisions of the Code of Criminal Procedure. The Elbląg territory Attorney's Office officially revoked the indictment against both men and asked the court to dismiss the proceedings ‘in the absence of a complaint by a legitimate prosecutor’. The letter in this case went to the Elbląg territory Court on 9 August. It does not contain any justification – the justice stressed at the time of the proceeding Catherine Hear from Elbląg territory Court. – The board of directors of this cemetery in the scope which concerns this case is held by the voivode court. And this Warmia-Masurian voivode is the victim. The court must ask him to indicate, within 14 days from the date of the transportation of the letter, whether, in connection with the declaration by the territory lawyer in Elbląg of the withdrawal of the indictment, the victim will support the indictment and take part in the proceedings as an auxiliary prosecutor – said justice Catherine Hearings, who set the deadline for the next court gathering on 9 October. She added that, “We will wait until then for a declaration by the voivodes. If he steps into the law of a probation prosecutor, the court will conduct proceedings. If he does not stop, the court is bound by the revocation of the indictment, the consent of the defendants [to retreat the charges and to discontinue the proceedings — RK] and the procedure will be terminated’.
A citizen cannot feel harmed
The case continued. After the September decision of the court, the letter from the Warmia-Masurian Voivodeship, in which he renounced – as previously the Elbląski Municipal Greens Board and the president of the City of Elbląg – the function of the victim and the participation in the law of a meal prosecutor for reasons completely unclear and for the inhabitants of the city incomprehensible, was received. However, in view of these asocial actions of power, there was a group of Elbląg residents, and then people of good will from all over Poland, the undersigned being a representative, who brought a letter to the court asking for the appointment of an auxiliary prosecutor in this process to bring the substance to an equitable and ethical end.
The court set the date of the next sitting to 9 October this year, the country was then on the best electoral run before the elections on 15 October, but unexpectedly fell sick at that time, so it had to set another 1 in November. Unfortunately, last Friday we received an answer from the Elbląg court, in which the very teaching explains why I could not (!) act as an auxiliary prosecutor in defence of the good name of the inhabitants of the city of Elbląg and a civilized part of the citizens of the Republic of Poland, and why the apparent thieves, vandals and rusophobias who committed this act will most likely stay impunityless, against the withdrawal of charges by the politicized prosecutor and the fact of the Farizian handwashing by the Municipal Green Board in Elbląg, president of the City of Elbląg, Warmińsko-Mazurski Wojewódzki Office in Olsztyn (including the voivode – present MP PiS – Artur Chojeckifrom Elbląg) and the State authorities of the Republic of Poland.
Lawlessness in the prosecution's office
‘The Court of First Instance’s view, under the present case, is solely the Warmia-Masurian Voivodeship, as the entity whose legal interests have been straight affected. However, it will not be a victim of specified a individual who, as Elbląg's resident, is in the position that the act which has been accused of violating the public welfare of the accused and is in the good name of the people of this city." – writes in a paper dated November 6th, this year's elbląg court.
The decision of the Elbląg prosecutor to discontinue proceedings on 2 vandals who committed not only a shameful act but besides a prohibited act is not only scandalous and unlawful, but above all political. It is part of the long-standing practice of the Polish right and the far right, trying to dispel the full left, socialist and communist thought in Poland, and in fresh months besides entering the then ongoing election campaign. The participation of the Elbląg prosecution is an illegal and anti-constitutional action. The communist symbolism, unlike fascist symbolism, is not only legal and allowed in Poland, but can besides be utilized with an open helmet, as confirmed by the judgement of the Constitutional Tribunal mentioned earlier.
Anti-levocal hysteria
It seems that the aim of the actions of the Elbląg prosecutor's office is primarily to distract the public from the fact that the PiS deliberately dismantled the strategy of combating hatred crimes and neo-fascist movements, redirecting this social attention to the alleged threat from communist movements and organizations, the "various ointment of lefts", German Antiphes, those attacking MPs' houses, etc., and the imaginary threat of totalitarianism from... the fallen liberators lying inactive for years at the Elbląg cemetery. Whether this is simply a common sense action that is in accord with alleged humanity – due to the fact that with the Polish law, as I have shown above, surely not – let the Readers justice in their own consciences. I hope that the Elbląg Temid will yet prove reasonable and social work in this substance and will not let the vandals go as easy as today's politicized Elbląg D.A.
At first instance on 27 November, the Elbląg territory Court dismissed the case. However, the order is not valid.
Robert Koliński
