Thursday, February 4, 2010

Article 241 rears its ugly head to protect 'the Polish Reality'



This saga becomes for me, by the day, ever more interesting. I received a communication from a friend a couple of days ago. The reason for this communication was to make me aware of the contents of Article 241 of the Polish Criminal Code. Now this is where things could become really difficult for everyone. I have already stated that I have no desire to become involved in Polish politics. Of course, the Polish authorities are free to do whatever they wish. However, any action under this legislation to imprison me, on the part of the authorities, would be a direct attack upon the freedom of speech of one who has not been properly charged or convicted of any crime. That is right, six months down the road and I have not been properly charged with anything. This is exactly the obfuscation and delay desired by my accuser, except that I was supposed to spend this time in prison, completely unable to speak my mind. Anyone who knows the Polish system of justice understands what I mean.

So, they may send me to prison for speaking my mind if they wish, but the system of legal justice would be the sufferer, not me. The question has already been asked. Who is responsible? This will have to be answered at some point.

Apparently, by speaking out in the manner in which I am currently doing, I could be arrested and sentenced to as much as three years imprisonment. Notice the way in which it was expressed, arrested and sentenced. No mention of the process which is supposed to take place between being arrested and being incarcerated. Forgive me for being so pedantic, but I do believe people should say what they mean and mean what they say. Especially, bearing in mind my recent experience. What is it in the Polish system of justice which makes one say arrested and sentenced, forgetting everything else between? I forgot you have a term for that, do you not? Areszt śledczy!

I would like us to give this matter a little further thought. Someone owes me money. He decides he is not going to pay. He considers himself to be a member of the patrician classes, purely based on money earned rather than deportment, and therefore beyond the law we mere mortals are expected to adhere to. For this reason, basically arrogance, he concludes that I am not in a position to do anything about it if he decided not to pay. Of course, when he made this decision he thought he was dealing with 'the Polish Reality' and that in this reality I would simply have to accept it. In the real world people do not accept such things.

Having made this decision, he decides he can avoid payment by arranging my indefinite imprisonment. Incidentally, he warned me that these measures would be taken, so it was a very calculated act. Which words should one choose to describe such an act? There are many aspects to this which I have only just come to understand and which I will make public in the future. Yet another matter which deserves its own time and space.

In order to bring about this lawfully questionable arrest and incarceration, he decides to go to the police and tell them a story which would bring about his desired result. He tells the police that I have stolen certain documents and that I am using these documents for the purpose of blackmail and extorting money from him. To describe this accusation as mendacious is an understatement. It is, in fact, an incredibly scandalous libel. Note libel, not slander, in other words it was written and therefore the evidence is in the possession of the state.

Furthermore, the fact the documents were not stolen was known before my only appearance in court two days after my arrest. That is why there has never been any mention of extortion or blackmail in any accusation since searching my flat on the day of my arrest. They know the documents were not stolen and they know there was no attempt at blackmail or extortion. They know the truth as they have it in writing.

The warrant which was issued for my arrest was issued in order to discover whether I was in possession of these ‘stolen’ documents. Here the assumption is made that if this ‘powerful’ person reports that his documents were stolen, then they must have been stolen. So there is no need to make any attempt to discover the veracity of the accusation. Not even to take the time to ask the person being accused. I have never been asked if I had stolen those documents. Should I not have been asked whether or not I had stolen the documents immediately the complaint was made and before being arrested? Is that not basic police procedure?

What is worse is that when the evidence showed that the accusation was a lie, that fact was simply ignored. Ignored by whom? Ask those responsible! That is worse than the original false accusation. I do not think I need to explain why.

So, going back to the accusation. There is not one element of truth in the original accusation. My arrest and subsequent incarceration took place as a direct consequence of baseless lies. As far as I am concerned this is the only fact which is relevant. None of what has transpired since my arrest would have been possible without that warrant being issued based on a fictitious tale by someone with a Machiavellian and furtive imagination.

Can anyone give me one good reason for refraining from speaking the truth? Should I accept 'the Polish Reality' and allow myself to be muzzled by the fear engendered through the use of draconian legislation? I have been informed that no sensible individual will partake in this discussion for fear of this piece of legislation. I am gradually coming to understand this term 'the Polish Reality'.

All that I have requested is a hearing on the confiscation of my property. I have no desire to become involved in the controversial use of legislation which can only be described as being contrary to freedom of expression.

I have decided to post this before I suddenly disappear again. The next time may be for years. Do not laugh, as this is really no laughing matter! When I read this I smile, because if I did not, I would cry. Not for myself, but for the people living 'the Polish Reality' under Polish justice.

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