From: Alert! (alertafa@xs4all.nl)
Date: 27 May 2002 13:34 uur
WE NEED YOUR HELP, we're planning to organise as many
demonstrations as possible on 25 June. You can organise a demo
in front of a Polish Embassy or Consulate and (THIS IS VERY
IMPORTANT) hand in a petition. The petiton in Polish and English
you can find at: www.tomek.most.org.pl
Tomek Wilkoszewski was jailed in March 1996. He's been
deprived of his freedom for more than five years. According to the
verdict of the local court he must spend ten more years in prison.
What did he do to deserve such a sentence?
Tomek comes from a little village near Radomsko (a typical small
town in central Poland). He was a good student and was finishing a
technical highschool. He wanted to continue his studies
afterwards. He was working to pay for his studies. He had never
been convicted before and had never been in contact with
the Police before that fateful day of March 1996.
But he ran out of luck: First, there was a nazi-skinhead group in
Radomsko who was trying to rule the town. The assaults and the
bullying were daily occurences that were overlooked by the Police
and the local authorities. Most of the time "strangers" would be
attacked, i.e. newcomers like Tomek who was driving to Radomsko
each day. Someone who had been beaten by a band of these
nazis went to the police and he was told: "If you weren't looking for
fights, you wouldn't have been beaten. You should stay quiet."
Tomek had been a victim of the attacks several times. Once,
someone tried to pick out one of his eyes. What happend next was
nothing more than the logical consequences of this situation: With
no help to be found, the terrified youngsters tried to defend
themselves. The death of a young man was no more than a part of
this tragedy (after one of those fights, a nazi-skinhead died from
loss of blood while waiting for an ambulance).
Second, Tomek was accused of the murder. As he had often been
assaulted, he had a motive and, according to a few witnesses, he
had a knife. This so-called crime instrument, which was used as
evidence by the prosecution, has been subject to no examination
or investigation that could unequivocally confirm the accusation.
During the judical procedure there were a number
of similar uncertainties, but that wasn't taken into account by the
Judge who at that time bowed to the pressure of public opinion
which was asking for the most severe penalties.
Third, the prosecution and the Judge wanted to demonstrate
something.
The fifteen year verdict and the lesser sentences given to the eight
other defendants were outstandingly severe. The witnesses of this
judicial process were outraged by the justification of the verdict
which "should have an educational function for the convicted as
well as for the entire underworld!" No extenuating circumstance
was recognized and Tomek received one of the highest penalties in
Poland. But on the other hand, nazi-skinheads, or other criminals
would get away with eight years verdict for murder with
premeditation and were out of jail after four years. This is what this
justice is about: high penalties for the nonconformists and the poor
who can't afford a good lawyer and mild penalties for the Mafia and
the thugs.
But Tomek had also a bit of luck. Anarchists Black Cross and
other anti-fascist groups got interested in his case. Polish TV
transmitted a movie called "Riot", and the biggest Polish
newspaper published a long article. about the case. While being
interviewed for a newspaper as well as in front
of the cameras, the nazis would tell openly about their actions of
cleaning the town of all kinds of strangers. These two
documentaries were quite highly publicised across Poland, but
were ignored by the court. In the prison he managed to finish his
secondary school, he got a job and the prison authorities have a
good opinion of him. After four years Tomek's
supporters managed to have the appeal trial (kasacyjna) held. It
happened on 27 September 2000, but it was dismissed by the
Court for buerocratic reasons. Now the only chance to help Tomek
is for him to appeal to the President. but the chance is pretty low
because Polish criminal law is getting more and more strict.
To improve his chances , we have to support our application with
plenty of statements from the whole country and abroad.
Unfortunately until now, all requests for parole passes have been
denied.
In current situation the only chance for getting Tomek parole
passes, chances to study or change his prisoner-status would be
with legal help from a lawyer. However, the costs are beyond our
capabilities.
you can send letters, fanzines, tapes, CDs. Write to him (in English
preferably ):
Tomasz Wilkoszewski
Zaklad Karny
Ul. Orzechowa 5
98-200 Sieradz
POLAND
We, (signed below) , support the application for the release of
Tomasz Wilkoszewski, handed in on 26 06 2002 to the Office of
the Polish President. A severely high sentence - 15 years of
imprisonment is in our opinion much too high. During the trial, the
court regarded Tomasz as a criminal but he was a victim. The
cause of this tragedy was not Tomasz's bad character, it was the
fact that he had been attacked over the previous few months by
hooligan groups calling themeselves facists.
Following these attacks the police remained completely passive.
This made Tomasz seek revange. Until this incident,Tomek had not
had any problems with the law. He was a good student, a well
behaved citizen and a son. Now, he is a perfect example of
resocialization in a prison in the city of Sieradz.
While being imprisoned, he has passed his A levels with very good
results, and after this has been working. He has spent over six
years in prison, soon he will be able to apply for an early release.
In our opinion he has already had his punishment. Longer
imprisonment, which would mean contact with the criminal society
can only change him from a normal man, with a will to continue his
studies, into a criminal himself.
Tomasz went to prison as a result of a chain of tragic events - it's
time to break this chain.
POLAND- FROM CIVIL RIGHTS SPOKESPERSON'S REPORT
ABOUT THE SITUATION IN POLISH PRISONS.
As a result of a new, much more severe penal code, prisons and
detention places are getting more and more overcrowded.
Sentences are becoming more severe, it's getting harder to obtain
parole passes and pardons. There are less suspended sentences.
The use of temporary arrests has become so widespread, that
currently Poland has the highest number of people imprisoned
without sentence in Europe There are 80.000 incarcerated
in Polish prisons, whose capacity can cope with only 63.000. A
number of them have 50% more prisoners than they should have.
The Administration isn't able to provide prisoners with 3 square
meters to which they are legally entitled. (It is significant that this
norm is much lower that in EU countries. For example in Turkey,
which is well-known for human rights violations where the norm is 8
square meters). Recreation rooms and infirmaries are made into
cells. High overcrowding has a significant impact on health,
sanitary and living conditions as well as the atmosphere among
prisoners. Crowding people in small spaces results in increasing
stress and aggression and contributes to more frequent law-
breaking. The numbers of harrassments, beatings, robberies,
suicide attempts, self-injuries and rapes are increasing.
Overcrowding also has the effect of new prisoners being sent
to prisons as far as 300-400 km from their homes. This makes
relatives visiting more difficult or even impossible for many. High
increase in prison population isn't accompanied by the increase in
numbers of prison-staff. It results in a negative impact on their
duties. In practice it means lowering the amount of direct contact
between staff and prisoners thus making the latter being left alone.
For more information check www.ack.most.org.pl
www.ack.most.org.pl
or write biuletyn@ack.w.pl
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