The process of officials liable for organising Smolensk flight is ongoing

solidarni2010.pl 11 months ago
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The process of officials liable for organising Smolensk flight is ongoing
date:24 August 2024 Editor: Anna

· The Ordo Iuris Institute represents 7 representatives of the families of Smolensk disaster victims in the process of negligence in the flight organization of 10 April 2010.
· Proceedings before the Court of Appeal in Warsaw are taking place against the then head of the Chancellery of the Prime Minister Tomasz Arabski and an authoritative of the National Council of Poland.
· Both were already convicted by the Warsaw territory Court on 13 June 2019. The another defendants were acquitted.
· 2 years later, the conviction was mostly retained by the Court of Appeal in Warsaw.
· The ultimate Court, by judgement of 12 December 2023, annulled the decision of the Court of Appeal.
· The case has now returned to re-examination and is pending before the Court of Appeal in Warsaw.


· After the ultimate Court overturned its judgment, the case was re-examined in the 8th Criminal Division of the Court of Appeals in Warsaw, where the court, among others, at the request of Tomasz Arabski, excluded all judges of that department from ruling on the case.
· The Ordo Iuris Institute applied to the Court of Appeal to velocity up the case.

The case has been pending since 2014 and was initiated by the families of any of the victims of the Smolensk disaster, who filed a subsidiary indictment against officials of the Prime Minister's Chancellery liable for organizing the flight to Smolensk on 10 April 2010. In June 2019, the Warsaw territory Court, after years of trial, found 2 of the 5 defendants guilty of failing to fulfil their duties. They thus acted to the detriment of both the public interest, consisting in the appropriate preparation and organisation of abroad visits of the president of Poland, and the private interest, consisting in ensuring the safety of participants travelling to Smolensk on 10 April 2010. Tomasz Arabski was sentenced to 10 months imprisonment with a conditional suspension of his execution for a two-year trial period, and a first-instance authoritative of the NRPM court sentenced six months imprisonment with a conditional suspension of his execution for a one-year trial period.

The appeal against this ruling was made by both the D.A. (in the detriment of all the defendants) and the defenders of the 2 convicted by an incorrect judgement of the territory Court. On 25 June 2021, the Court of Appeal in Warsaw retained the ruling in force for the most part, supplementing somewhat the description of the act.

Subsequently, the ultimate Court received cassations filed by the prosecutor's office (at the disadvantage of 1 of the defendants who was acquitted by the territory Court and the Court of Appeal) and the defendants. By judgement of 12 December 2023, SN's cassation of the prosecutor dismissed, while taking into account the cassation of the defenders he overturned the judgement of the Court of Appeal, convicting Tomasz arabian and an authoritative of KPRM, and forwarded the case for retrial by the Court of Appeal.

The trial before the SA was designated on 20 May 2024, however, on 24 April 2024, the suspect Thomas Arabi was asked to dismiss the judge. By order of 30 April, the Court of Appeal in Warsaw excluded part of judges of the VIII Criminal Division from participating in this case. On 17 May the court subsequently excluded the another judges from the jurisdiction in that proceedings. The reason for the exclusion was the fact that they were judges from giving reformed KRS. Accordingly, the faculty president directed the case to re-slot a justice from another department.

The case was registered in the Second Criminal Division on 22 May 2024. A week later, there was a request for the exclusion of another justice – Ewa Leszczyńska-Furtak. This application was made by the justice personally, and the Court of Appeal in Warsaw did not take into account the request without considering the grounds for the exclusion of the judge.

The Ordo Iuris Institute has requested the Court of Appeal to velocity up the case. The representatives of the families of the victims of the disaster indicate that the transfer of the case to draw again and the request to be re-acquainted by the elected justice with extended evidence (which presently counts over 100 volumes of files) and then the examination of the appeal, in the light of the impending statute of limitations, leads to the destabilisation of the process, which may have very circumstantial procedural consequences. The repeal and remission of proceedings due to statute of limitations will open the anticipation for the families of the Smolensk Disaster Victims to claim claims from Poland before the European Court of Human Rights. Lawyers emphasize that this is simply a peculiar issue, widely commented on by the public, and that its conclusion is highly crucial for the interests of the full Polish society and internationally.

== sync, corrected by elderman ==





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