Persecution for participation in December 2000 nurses' protest
Andrew Smosarski - activist persecuted for participation in nurses' protest.
On 27th of September 2005 in Warsaw's Regional Court (IX'th penal department for appeals) a trial of Andrew Smosarski will take place. Andrew is an independent journalist, social activist and member of Red Collective - Leftist Alternative, who is charged with violating a policeman's ,,nietykalność" (immunity) during the December 2000 nurses' protest. This trial is a second instance (second level) court case - in the first instance (first level court) Andrew was sentenced to 3700 zlotys fine with a commuted to 100 days of imprisonment. There is a high risk that the verdict will remain in force.
Both the charges and the punishment that has been given by the first instance court can only be understood as repression against social and political activity - in fact, the so-called "violation of nietykalność" never took place and it is only a fabrication done by police, which was accepted by court. With false accusations and a severe sentence, the judges and police obviously want to silence social critique and threaten other activists.
Description of the event and the process
In December 2000, the All-Polands Trade Union of Midwives and Nurses organised mass rallies and demonstrations that aimed to increase the wages of that group. The protests were reactions against the very bad material and social situation of nurses and midwives - trade unions demanded raising the wages of healthcare workers by 203 zlotys per month. After many days, the demands of nurses were accepted by the government, but this was preceded by many demonstrations - that sometimes were very radical.
On 18th of December, the protesters organised a blockade of Trasa Lazienkowska (one of Warsaw's main roads). The demonstration was dispersed by the police force and demonstrators were divided into small groups, surrounded by policemen. Andrew was in one of that groups - he participated in the protest, as did many other activists of radical left and anarchist movements. Suddenly, Andrew noticed that one of the women required immediate medical treatment. Despite his requests, police officers refused to let the woman contact ambulances standing nearby.
Seeing that, the group of demonstrators, with Andrew among them, started to push forward and finally broke through the cordon of police officers in order to help the sick woman. As a result of that, Andrew and another agitator were accused of assault of a policeman (kicking him in his chest), although nothing like that had happened.
In Andrew's presence, the police officers agreed upon their own false version of the whole accident.
The trial in the first instance court ended with a sentence of 3700 zlotys fine (that means an equivalent of several months' salary to most people) commuted to 100 days of confinement. This verdict is much more serious than that demanded by the public prosecutor. And if it will be remain force, Andrew will be imprisoned for a crime he didn't commit.
The case of Andrew is another example of repressive measures that are used against independent social activists and critiques of the current situation in Poland. Repressive techniques such as "inviting" political activists to talk to the police were systematically and extensively used in:
the leadup to the April 2004 demonstrations against the European Economic Forum,
while the techniques of false charges were used in the wave of violent police repression of December 2004/January 2005,
and, for example, against the activists involved in the May 2005 demonstration against the Council of Europe meeting.
In Andrew's case, the judge didn't take in to consideration the eyewitness testimonies of the other participants of the demonstration that confirmed the Andrew's version of the event. The judge also ignored the inaccuracies in the testimonies of the policeman - who couldn't even precisely define the place of the "violation of nietykalność". Link
Andrew Smosarski - activist persecuted for participation in nurses' protest.
On 27th of September 2005 in Warsaw's Regional Court (IX'th penal department for appeals) a trial of Andrew Smosarski will take place. Andrew is an independent journalist, social activist and member of Red Collective - Leftist Alternative, who is charged with violating a policeman's ,,nietykalność" (immunity) during the December 2000 nurses' protest. This trial is a second instance (second level) court case - in the first instance (first level court) Andrew was sentenced to 3700 zlotys fine with a commuted to 100 days of imprisonment. There is a high risk that the verdict will remain in force.
Both the charges and the punishment that has been given by the first instance court can only be understood as repression against social and political activity - in fact, the so-called "violation of nietykalność" never took place and it is only a fabrication done by police, which was accepted by court. With false accusations and a severe sentence, the judges and police obviously want to silence social critique and threaten other activists.
Description of the event and the process
In December 2000, the All-Polands Trade Union of Midwives and Nurses organised mass rallies and demonstrations that aimed to increase the wages of that group. The protests were reactions against the very bad material and social situation of nurses and midwives - trade unions demanded raising the wages of healthcare workers by 203 zlotys per month. After many days, the demands of nurses were accepted by the government, but this was preceded by many demonstrations - that sometimes were very radical.
On 18th of December, the protesters organised a blockade of Trasa Lazienkowska (one of Warsaw's main roads). The demonstration was dispersed by the police force and demonstrators were divided into small groups, surrounded by policemen. Andrew was in one of that groups - he participated in the protest, as did many other activists of radical left and anarchist movements. Suddenly, Andrew noticed that one of the women required immediate medical treatment. Despite his requests, police officers refused to let the woman contact ambulances standing nearby.
Seeing that, the group of demonstrators, with Andrew among them, started to push forward and finally broke through the cordon of police officers in order to help the sick woman. As a result of that, Andrew and another agitator were accused of assault of a policeman (kicking him in his chest), although nothing like that had happened.
In Andrew's presence, the police officers agreed upon their own false version of the whole accident.
The trial in the first instance court ended with a sentence of 3700 zlotys fine (that means an equivalent of several months' salary to most people) commuted to 100 days of confinement. This verdict is much more serious than that demanded by the public prosecutor. And if it will be remain force, Andrew will be imprisoned for a crime he didn't commit.
The case of Andrew is another example of repressive measures that are used against independent social activists and critiques of the current situation in Poland. Repressive techniques such as "inviting" political activists to talk to the police were systematically and extensively used in:
the leadup to the April 2004 demonstrations against the European Economic Forum,
while the techniques of false charges were used in the wave of violent police repression of December 2004/January 2005,
and, for example, against the activists involved in the May 2005 demonstration against the Council of Europe meeting.
In Andrew's case, the judge didn't take in to consideration the eyewitness testimonies of the other participants of the demonstration that confirmed the Andrew's version of the event. The judge also ignored the inaccuracies in the testimonies of the policeman - who couldn't even precisely define the place of the "violation of nietykalność". Link
posted by BEING HAD at 4:43 AM
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