Prescription of Communist Crimes
In 1995, Polish legislator made it impossible to bring the perpetrators of communist
crimes to justice. The perpetrators of some of the communist crimes such
as battery or maltreatment, committed before 1989 cannot be held responsible
for their offences, because the Supreme Court In its ruling of May 25, 2010, expressed
the view that these acts were prescripted. I don’t agree with this judgment
because the prescription period was never able to get running. In 1995 the State
gave up the prosecution of the crimes that were most common in the communist
state. These regulations meant that the victims had been completely deprived of
legal protection, which violated their right to court (Article 6 ECHR0). The rules,
introduced in 1995, still have effects nowadays – as the courts or prosecutors
drop the case due to the prescription. The Supreme Court overrules the convicting
judgments in favour of the communist criminals on the basis of prescription. The
perpetrators of these crimes have obtained immunities from prosecution due to
the State’s ommision. Therefore, these privileges should be cancelled as obtained
in the wrongful way. These above arguments and considerations of historical
truth require lodging a complaint against them to the Constitutional Tribunal.

Attachments:

10-2012 WArchot.pdf

618 kB