Sunday, January 31, 2010

The facts do yield their secret sense

“The world exists for the education of each man. There is no age or state of society or mode of action in history, to which there is not somewhat corresponding in his life. Every thing tends in a wonderful manner to abbreviate itself and yield its own virtue to him. He should see that he can live all history in his own person. He must sit solidly at home, and not suffer himself to be bullied by kings or empires, but know that he is greater than all the geography and all the government of the world; he must transfer the point of view from which history is commonly read, from Rome and Athens and London to himself, and not deny his conviction that he is the court, and if England or Egypt have any thing to say to him, he will try the case; if not, let them for ever be silent. He must attain and maintain that lofty sight where facts yield their secret sense, and poetry and annals are alike.”

I began today with a quotation from a truly great American essayist, philosopher, poet and the leader of the Transcendentalist movement of the nineteenth century, Ralph Waldo Emerson. The above quotation is taken from his essay on history and serves always to remind me of my place in the world with no reference to time or geographical location. Anyone who can read and understand this statement is indeed fortunate. However, I think it would be arrogance on my part if I tried to explain what I think Emerson speaks of as it would only be a very subjective view. I only know that a proper understanding would free us of much of the dogma, propaganda and hypocrisy currently being shovelled into our heads by all of the controlling influences we have to deal with on a daily basis, and which makes us afraid to speak our minds.

Many people have told me that what is happening to me is really nothing unusual in ‘the Polish reality’. That is the expression most often used, the Polish reality. My answer is simple. I am completely indifferent to whatever it is might constitute the Polish reality. In fact, to be blunt, I do not give a damn. I am not concerned, at this time, with what the Polish state may or may not do to its citizens. That would be a political issue and I am not concerned with Polish politics. What concerns me is very much a simple legal issue.

My property has been taken by the police acting on behalf of the state, it is being retained by the prosecutor also acting on behalf of the state. Precisely what that property consists of in this matter is of no relevance. My contention is that my property was taken in a manner which is not consistent with any Polish or European (Union) law. The evidence to show the veracity of this statement is available to any interested party. Nevertheless, the state refuses to return my property or answer my request.

Ø I have been given to understand that it is not legally possible for me to appeal for the immediate return of my property. What exactly is it in Polish or European law which precludes me from making such application?

Ø Can the state refuse to allow me the right to appeal to law for the immediate return of my property?

Ø If indeed the state can refuse me such appeal, what specifically (statutorily or otherwise) within Polish or European law gives them the right to do so?

I decided that I would ask the same questions again, only this time I would be much more direct and to the point. This was brought about as a result of a recent conversation. It was also as a result of this conversation that I decided to write an open letter to all of the members of the faculty of law at the University of Warsaw, see below. During this conversation I was told that the moment my case went to the prosecutor that was it. He, the prosecutor, has the power to decide what is permitted and what not, and there is nothing that can be done about that. What specifically gives the prosecutor this power?

Naturally, I wanted to know what would happen if, as in my case, it transpired that the original complaint was a false one. I was told that this is a daily occurrence in Poland and that such cases go on for years. The example cited took eight years to reach its conclusion. Obviously, I was intrigued to hear that the prosecutor can have the knowledge that an allegation was false, yet still manage to keep the process in the Polish legal system for a period of eight years.

That is an astonishing discovery and one which fills one with feelings of trepidation. This is tantamount to saying that the prosecutor may have full knowledge that the process is flawed through the commission of the crime of perjury, yet still seek to obtain a prosecution in the knowledge that this crime has been committed by the complainant. My suggestion was that in such an instance the prosecutor would be acting ultra vires his authority. So, what specifically in Polish or European law gives the prosecutor the right to ignore the commission of a crime in order that he may seek a prosecution?

This was the point at which my interlocutor decided that the discussion should end. The reason for the end of our conversation was very interesting. He believed I was now asking questions for which I would never get answers. Why? Those who knew the answers to such questions would never answer them. It is interesting the answer one gets when one asks, “why?” “They are all lawyers. They all have different titles but they are all lawyers.” I thought I would be clever and suggest that I would ask the academics. My interlocutor laughed and said, “Now you are showing me that you really don’t understand. Those of them who know are lawyers too, and the majority probably do not even know the answers to your questions.The thought entered my mind, are these not some of the leading professors and doctors of law in this country? The people who advise government on matters of law.

The words given in quotation marks are not my own, but the words of someone I consider to be an extremely enlightened Polish citizen. Incidentally, he also said he was doubtful I would ever get one of these eminent lawyers to leave a comment in English. About this I am also inclined to agree, although I believe the main reason I will not get comments has nothing to do with language, but is to do with a topic which deserves its own time and space. It has to do with being bullied by kings and empires.

The facts do yield their secret sense. I have no wish to submit to the Polish reality. Show me the law of either Poland or Europe to which I am expected to yield, otherwise return my property. Better still allow me my day in court so that I may get a ruling from a Polish court on the legality of the taking of my property. Moreover, I hereby give notice that time is of the essence in this matter and that I am counting every day of my time wasted for obvious reasons.

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