Friday, May 11, 2007

Fiasco! Polish Lustration Law – not constitutional

Key parts (at least half) of the articles in the Lustration Law – an issue that has been tearing Poland apart - breaks the Polish Constitution.

That’s the verdict of three days of deliberations and argument by the Constitutional Tribunal.

The government’s flag ship policy is in an ugly mess.

I have just been watching - along with millions of Poles - the verdict by the very formal looking tribunal, read out by two judges, one with a black hat on. This was serious stuff. Their verdicts took one hour 15 minutes to read out.

“Governments are not above the constitution”, said the judge. “If they are then that is the way of a dictatorship…The law should not be retroactive….There must be a guarantee of a legal defense [which there is not, at the moment]…the aim of lustration should not be revenge.”

This is a damning verdict against the government.

Jaroslaw Kaczynski has already pre-empted such a verdict by insinuating that the Constitutional Tribunal is itself full of commies…but then he would, wouldn’t he?

Here are the main bits of the verdict

* The lack of a right to appeal a decision in the Supreme Court is unconstitutional.

* Lustration of journalists is not constitutional.

* Lustration of rectors of universities is not constitutional.

* Lustration of scientists working in private research labs [?] is not constitutional.

* Lustration of heads of publishing houses is not constitutional.

*The public listing of previous secret service operatives is not constitutional.

*The current lack of access to files by anyone lustrated is unconstitutional.

*Lustration of heads of stock listed companies [??] is unconstitutional.

*Lustration of debt collectors [???] is not constitutional.

* Even the layout of the form that people have to fill in saying that they never collaborated with secret services is not constitutional.

* The tribunal also ruled that proof of collaboration with communist authorities must include, not only evidence that the subject agreed to collaborate – as it is in the present law – but that there must be evidence of actual collaboration. So the burden of proof now weighs much more heavily with the accusers: the government.

The Lustration Law is in tatters

The new Lustration Law, which came into force in March, requires hundreds of thousands of people in media, law, etc, to fill in a form declaring they have never collaborated with any secret services which spied on Poles during communist times.

This includes foreigners such as myself, a journalist. This was unconstitutional. I am extremely pissed off.

The law – which is a widening of the net of two previous laws – has created an atmosphere of suspicion, and for many people, fear.

I wasn’t scared, I just thought the whole thing was ludicrous. It’s good to know that the Constitutional Tribunal agrees.

Lustration worse than Stalinism?

At least under Stalinism it was Moscow persecuting Poles. Now it has been Poles persecuting Poles.

That’s an argument I heard on the television today. And you can see what they mean. Instead of trying to unite Poles around some common sentiment – a true solidarity – they pick over the scabs of the past. And the puss weeps out. A fractured society gets more fractured still.

What’s worst of all is that the Institute of National Remembrance is not required by law to share whatever information they have about someone. They make a decision based on what is in old, dusty files from many, many years ago, and that seems to be that. Everything is done behind closed doors. In secret. No transparency whatsoever.

Sounds familiar of another, even darker age?

The best solution is to open the files to everyone - a suggestion that the government has itself made if the verdict went against them - and let’s see what is inside. Then the court of public opinion can decide who is guilty, and who is not.

What a strange country, with a sad past that twitches like a corpse, refusing to recognize that it's over. Finished.


Anonymous said...

There was also something about someone who has already been lustrated need not be lustrated again. So your Geremek campaign obviously influenced the tribunal!!!!!!!!!!

Anonymous said...

There was something better said when the judge was giving the rationale for the sentence. Roughly: A constitutional democracy judging a past totalitarianism must use only democratic and lawful methods; otherwise, it becomes the same as the past totalitarism.

This is a great win for the Polish democracy.

Now, let us open the archives, since suddenly everyone (SLD, PO, LPR) started talking baout it.

beatroot said...

Which is what the Germans did. Why have not the Poles done something so obvious?

Anonymous said...

Why have not the Poles done something so obvious?

You will understand when the archives open: a chunk of history (and some important biographies) would have to be rewritten.

Damien Moran said...

Will the church still be exempt or it'll probably be a complete clearinghouse?

RobinHood said...

It's not chunks of history they fear. They don't want to know who was gay and whose wife did it with neigbours as such data would also be publicl available (IF they open up the archive)
One I agree very much is that Geremek elected directy by people in popular vote should not be stripped of his EU parliament seat based on some bully local law. Not only that those elected by us representatives to EU parliament feel their loyality toward states they came from and not to ppl who electc them, now some minority government can take their seat out of them. Now there is something wrong with it IMHO

Anonymous said...

One of the main reasons the archives have not been opened is that whoever orders the opening of the archives must be prepared to take legal responsibility for the contents of all the documents released. Let me give an example: the IPN has several documents which state that Beatroot was a secret informer who repeatedly passed sensitive information to the state security agencies. Beatroot then says “No I was not and I did not. Your information has harmed my reputation and caused me financial loss because I have been fired and suspect it was due to the information you gave. Prove that the information you made public is true.” There then follows a court case at which the IPN produces some photocopies of statements Beatroot supposedly made and signed (i.e. documents with no legal weight because they have no original signature), some reports written about Beatroot by unidentified people who will not give evidence (i.e. documents with no legal weight because anybody could have written them), some reports on actions taken as a result of information passed by agent Beatroot (i.e. documents with no legal weight because there is nothing to show that agent was our Beatroot). At best they will have an original statement signed Beatroot in 1981 but any handwriting expert will tell you that there is reasonable doubt about that signature matching Beatroot’s current signature because people’s signatures change so over time that a 26-year old sig can not be proven to anybody’s. So the IPN can not prove the information that they released is true. But Beatroot can show how his reputation and perhaps professional standing has been harmed.

Guess which way the court finds? And if the Polish court doesn’t support Beatroot the EU court most certainly would.

beatroot said...

Harry. I think you are overestimating Poles will to go to litigation. This ain't the US...or even UK. It's Poland, where they don't trust or understand the legal process. I see it at work. There are lots of possibilities for legal action there...but vicitms take the usual political position they always do.

The Ostrich position - head in sand, arse in the air.

Anonymous said...

I am happy to see the constitutional court take the reasonable stance on this. The whole law was undemocratic, unconstitutional and totalitarian. You cannot strip an elected official of his seat because he refuses to fill in a form on his past.

Open the archives. Stop scratching over old wounds. Let the healing begin. Stop the witch hunt. Start running the country, which is what you were elected for (allegedly).

Anonymous said...

I see this over and over again whenever something regarding poland comes up on this blog - beatroot is simply an individual who is extremely prejudiced against Poles and his comments, all demeaning and extremely condescending, are really quite sad to me. Why do you keep bringing up valid events in Poland that can be debated civilly and interject little tidbits of bigotry like "strange people" and a blanket statement that Poles don't understand law unlike people in the US or UK, and comment on how "sad" the Polish past is? It'd be great if you could act like a journalist and not a racist.

beatroot said...

Racist? Don;t be silly. Back to the subject. What about lustracja?

Anonymous said...

And I thought it was Beatroot who is strange, sad and silly -- and just doesn't understand Poles. But he does try in his own way.

beatroot said...

Excuse me?

Anonymous said...

Well, it's certainly not Poles who are strange. sad and silly.

beatroot said...


Anonymous said...

Yes, agreed, Beatroot is the true 'arsehole' here. It is obvious He only focuses his hatred and prejudices on Catholics and Poles. He will never dare to ridicule another religion, which wouldn't win him any brownie points with certain Radio Polonia co-workers, and might even cost him the low paying shit job that barely covers his rent. Loser!


beatroot said...

He only focuses his hatred and prejudices on Catholics and Poles. He will never dare to ridicule another religion,

Well...first of all, Geez was being ironic…and secondly, if you go to my comment, 34 under the ‘Beware ye supporters of the right to choose’, you will discover how dumb you are.

Anonymous said...

Hi Ania!

Glad to see that those anger management classes are working out so well for you. Looks like you are finally coming to terms with the fact that the reason you are a complete fuckwad and utter loser from a shithole town in the arse-end of no-where is because you deserve to be that person. But listen, if you really are sick of it, we can always sell you to a Saudi gentleman to be one of his multiple wives. Well, we could if your name wasn't actually Piotr but you like to have a female alter-ego on-line because you're to repressed to come out the closet with your trans-sexual personality.

Hugs and kisses,


michael farris said...

"Radio Polonia ... low paying shit job that barely covers his rent. Loser!"

So working for the international division of the national broadcaster in Poland is "shit job" that "barely covers" the employer's rent?

Who's saying nasty things about Poland now, Aniu?

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