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(en) Poland, rozbrat: Solidarnie with the repressed after the Black Protest - a chronicle of events. Call for support! [machine translation]

Date Wed, 11 Jul 2018 07:55:47 +0300


All persons who saw the detention of Gosia C., Maciej H. and Jacek S. and / or those who have evidence that can provide for the accused in the case for the Black Protest in Poznan, please contact urgent - ackpoznan@gmail.com! ---- Below is the exact "chronicle" of events: ---- BLACK PROTEST ---- 03/10/2016 ---- Between 14:00 and 18:00 on pl. A. Mickiewicz in Poznan there was a protest against the tightening of the abortion law. After the end of the meeting (around 6:00 pm), there was a spontaneous march of a group of protesters (1500 people) on St. Marcin 43 to head office of the PIS deputy office. The demonstrators were waiting for the police officers who were ordered to protect the office of the ruling party. Several smoke candles were thrown out of the crowd and the protesters stopped, laid out their banners and calmly shouted political slogans. After a while, panicked policemen joined by support in the form of a larger number of officers, began to blindly attack the gathered people, beat them with batons and helmets.
The police also sprayed pepper spray, which affected a very large number of random people. As a result of these events, 3 people were arrested: Maciej H., Jacek S. and Gosia C. The gathered demonstrators for a while peacefully demanded information about the detainees and their release, and then they went to the Old Town police station on Aleja 18, Marcinkowski. Although a lawyer appeared at the police station, who demanded the possibility of talking to detainees, the police did not let her into the building. The detainees themselves did not obtain information on the legal basis for detention. As a result of police action, many people were more or less injured, beaten and burned with pepper gas.

04.10.2016
After a night spent at the Police Detention Center, without access to a lawyer, information on the reason for detention or even water, around 4:00 pm (after 23 hours), detainees were
released with alleged violations of bodily immunity of officers.

07/10/2016 A
group of people injured during incidents at the PIS headquarters is trying to submit a notice of police abuse. These people, with the exception of Joanna M., were prevented from talking to the prosecutor on duty. During the submission of the notification (PR 1 Ds. 2795.2016), Joanna M. was treated in a scandalous manner by the prosecutor's office - the prosecutor shouted at her, accusing her of wasting her time, humiliating her and downplaying her comments and unkindly.
(Iwona J. and Julia H. also submit notifications on exceeding the powers - both cases are immediately discontinued).

11/10/2016
We are notified that the Poznan Old Town District Prosecutor in Poznan has initiated an investigation into the violation of physical integrity of police officers in Poznan.

12.10.2016
Appointment of the forensic laboratory of the Province Police Headquarters in Poznan - the fingerprint lab in order to: reveal and secure on fingerprints fingerprints from evidence, ie firecrackers in the amount of 2 pieces and smoke grenades in the amount of 4 pieces. On clothes and no traces of pyrotechnic materials were detected in the detained bodies.

18.10.2016
Decision on appointment of an expert from the Forensic Laboratory of the Provincial Headquarters in Poznan - physics and chemistry laboratory in order to answer the questions - whether the remitted material contains residues of substances included in pyrotechnics. There were swabs taken from the hands, hair and clothes collected during the arrest. Also, material evidence was sent, including hats and jackets.

31/10/2016
Maciej H. complains about police activities to the Provincial Police Headquarters.

15.11.2016 The
prosecutor's office sends Joanna M. a decision refusing to initiate an investigation into the matter of police abuse.

16/12/2016
Joanna M. complains to the court about the dismissal of the investigation against the police. This case goes to the Ombudsman's report on abuse of power in the police.

23/03/2017 A
hearing related to Joanna M.'s complaint, on which the Court orders the prosecutor's office to initiate an investigation against the police (reference number PR 1 Ds 1286.2017).

18/04/2017
The official initiation of the investigation (reference number PR 1 Ds 1286.2017) in the case of abuse of power by the police.

23/05/2017
Hearing of Joanna M. at the Police Home Office for Kochanowski as an injured party in the matter of exceeding the powers.

05/24/2017
Joanna M. is summoned to the prosecutor's office, where she is interrogated as a suspect in an investigation against people detained during the demonstration. The prosecutor who interrogated her attended while Joanna was reporting her evidence against the police (she shared the office with the prosecutor who received the police's notice of abuse). During the interrogation Joanna. M. testifies that she participated in a protest with her partner, Pawel B. The prosecutor presents her allegations: participation in an illegal gathering with the knowledge that its participants intend to perform a violent attack on police officers and obstruct police duties by digging a police car, opening the door, throwing a police car on the hood, standing in and sitting in front of a police car, pouring on the glass of white powder of unknown origin and gripping the bars on the windshield of the patrol car. The prosecutor indicated that on the basis of the evidence gathered, she knew that Joanna M. did not commit all of her alleged offenses, but, in her opinion, she bears "collective responsibility" for each offense committed during the assembly.

29/05/2017
Joanna M. receives letter of the previously made objections. Pawel B., whom Joanna M. mentioned earlier as her partner and witness of events, also receives the accusation of participation in the illegal gathering. Both of them are joined to the case against Maciej H., Gosia C. and Jacek S. The case is also accompanied by Iwona J. who also previously reported that the police had exceeded his rights.

06/06/2017 A
refusal to answer the prosecutor's office on the application of 05/06/2017 for access to the files of the ongoing investigation. In the meantime, the prosecutor conducting the case against the detainee at the demonstration and people who have reported the abuse of rights by the police (Monika Rutkowska) gets a promotion.

22/09/2017
Hearing of Malgorzata C. and Maciej H. as suspects in the Old Town District Prosecutor's Office in Poznan.

22/09/2017
Decision on presenting charges by the Prosecutor's Office Gosia C., Maciej H. and Jacek S. on the offense under art. 222 couples 1 article and art. 157 couples 2 in connection with art. 11 pairs 2 PC
and the offense under art. 254 couples 1 kk.

31/10/2017 The
prosecutor's office closes the investigation against the detainees.

06/11/2017 The
Poznan - Stare Miasto District Prosecutor's Office presents the indictment against:
1.Malgorzata C .:
- she violated the bodily immunity of the police officer David B in such a way that during his duties he kicked his legs, tugged at the above . injuries in the form of twisting the metacarpophalangeal joint of the finger and the right hand, superficial abrasions of the finger and right hand, which injuries have affected the functions of the organs of the body for less than 7 days (article 222 paragraph 1 of the Penal Code and Article 157 paragraph 2 in in connection with Article 11, paragraph 2 of the Penal Code);
- took part in a cloakroom in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).
2. Joannie M .:
- took part in a cloakroom in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).
- acting jointly and in agreement with persons of unidentified identity in order to force police officers[...]to abandon legal activities and withdraw from detaining and transporting people suspected of committing crimes in the area of St. Marcin in Poznan, hindered the departure of the police car from the above in this way, she stood and sat in front of the vehicle, tried to open the door, hit her hands and kick in his car body, poured white powder of unidentified origin on the windshield making it difficult for the driver to see, and put on the hood of the police car and grabbed the grates protecting his front glass (article 224, paragraph 2 of the Penal Code, art.254, par.1 kk).
3. Iwona J .:
- took part in a cloakroom in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).
4. Jacek S .:
- that he violated the physical integrity of police officers[...]in such a way that during official activities carried out by officers he kicked and legally repelled them (art.222 paragraph 1 of the Penal Code);
- took part in the gathering in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).
5. Maciej H. for an offense under art.222 par. 1 kk; from art. 254 couples 1 of the Penal Code
- that he violated the physical integrity of police officers[...]in such a way that during official activities carried out by officers[...]he kicked their legs and hit his chest and police officer with his fists[...]in this way, that during police activities he was tearing his uniform, he was pushing and hitting him with his hands (art.222 par.1 kk);
- took part in the gathering in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).
6. Pawel B .:
- took part in the gathering in the area of building No. 43 at St. Marcin, knowing that his participants, by common forces, commit a violent attack on police officers performing their duties in this place (Article 254 (1) of the Penal Code).

7/11/2017
Accusation file sent to the District Court Poznan - Stare Miasto.

24/11/2017
Appointment of the Forensic Medicine Department of the Medical University of Poznan in order to verify the injuries suffered by the police.

13/12/2017 The
prosecutor's office interviews Malgorzata C. as a witness in a case of abuse of power by the police.

19/02/2018
Prosecutor's Office discontinues investigation into the police's abuse of rights[reference number PR 1 Ds 1286.2017]. Fragments of justification (original spelling):
"It should be pointed out, and what can not be omitted bearing in mind the facts of the present case, that the circle of persons injured in the present proceedings include persons who operate in the Poznan anarchist movement (Anarchist Federation Poznan, Rozbrat) or are with the indicated movement in a different way connected. Members of this movement take part in various protests, trying through their provocative behaviors, offensive in the ongoing protest depreciate the actions of state organs - in particular the Police.
The website of the Anarchist Federation includes a number of demonstration tips including those referring to the need to put on face masks, bounce off arrested and others. In the present case, it is possible to observe typical actions of this kind, in particular provocative - as the use of masks, throwing stones and flares at officers, directing vulgar and offensive words to police officers. Most of these behaviors are dangerous to life and health.
[...]However, the testimony of the victims, in the context of the remaining evidence gathered in the case - was considered subjective because they are inconsistent with other evidence in the case, including collected documents and testimonies of other witnesses (we remind you that other witnesses are police officers! note by the authors of the report). In particular, it is also difficult to assume that the officers deliberately humiliated and used unnecessary violence against unknown and strangers, having no personal interest in it, and also risking their own life and health and loss of employment.
[...]In the opinion of the supervising prosecutor, police officers took urgent decisions, important for the protection of life and health, in a dynamic and dangerous situation which is undoubtedly a confrontation with over a thousand people. As well, they acted with the risk of their own life and health in extremely stressful and imminent life-threatening, healthy and disturbing situations. It should be emphasized that uncontrolled crowd reactions are extremely dangerous.
You can not forget about this when assessing the behavior of police officers, because it is easy to assess such situations in the privacy of your private office or private home. Therefore, the issue of a call to comply with the law in the context of fulfilling the conditions of art. 34 sec. 2 of the Act on coercive measures and firearms does not matter. "

26/03/2018
FIRST ROZPRAWA District Court Poznan - Stare Miasto.

16/04/2018
Notification from the prosecutor's office about accepting a complaint against the decision to discontinue the investigation (reference number PR 1 Ds 1286.2017).

18/04/2018
SECOND ROZPRAWA District Court Poznan - Stare Miasto.

28/05/2018
Court meeting in the case of complaint against the decision to discontinue the investigation (reference number PR 1 Ds 1286.2017). The court upholds the discontinuation of the investigation.

04/06/2018
TRZECIA

http://www.rozbrat.org/publicystyka/kontrola-spoeczna/4624-solidarnie-z-represjonowanymi-po-czarnym-protescie-kronika-wydarze-apel-o-wsparcie
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