Posted on 04/04/2006 11:07:41 AM PDT by lizol
Jaruzelski charged with communist crimes
General Wojciech Jaruzelski, the man who mercilessly thwarted the Solidarity movement for almost a decade, has been charged by the Institute of National Remembrance (IPN) with committing communist crimes against his own nation.
Slawek Szefs
03.04.06
The retired general, former communist party leader and former Polish president has been presented with the charges by prosecutors of the Institute of National Remembrance barely days after he received the coveted Siberian Cross.
The distinction is given to Poles who suffered the repressive ordeal of Soviet gulags during World War Two. When criticised by the media for the move, the president's office claimed it had been given to Jaruzelski by mistake. The general responded in an honorable manner, returning the cross with apologies for the public scandal surrounding the affair.
Two days later, IPN prosecutors from Katowice called on Jaruzelski to charge him with crimes against the Polish nation, accusing him of the illegal and unconstitutional introduction of martial law in the country on December 13, 1981. IPN spokesman Andrzej Arseniuk.
'General Wojciech Jaruzelski has been charged with communist crimes through leading a crime related armed organization, which is punishable by law with an up to eight year prison sentence.'
The general has been repeatedly accused of various crimes during his long military and political career during the decades of communist rule in Poland, but so far to no avail. This time will be different, say the IPN prosecutors, as Jaruzelski is being charged with breaking his own communist constitution, evidently proving his intentions.
However, voices could be heard that the general's past should rather be left to the nation's moral judgment instead of judicial trial. Oskar Chomicki from the Poland in Europe Foundation thinks this action should be balanced.
'Of course, General Jaruzelski is an old man in his early eighties, so some may think he is too old to be brought to trial. But, on the other hand, there is quite a number of people who still remember the martial law days and they think he has evaded justice by pretending he was not responsible. I'm not sure whether the biggest and gravest offence that he committed should be fully expounded, but certainly some form of legal steps should be taken against him.'
General Jaruzelski has responded to the latest attempt at bringing him to account as tantamount to passing moral judgment on all those Poles who considered martial law a justified move to save Poland from outside Soviet intervention and bloodshed from an internal war.
Oskar Chomicki says that while the first case has been proven by historic records to be highly improbable, the second could be partially justified.
Perhaps there is some truth in it that a bloody confrontation between Solidarity and the communist party would take place (similar to 1956 in Poland or Hungary) in December 1981. But I don't think many people now remember those days in the way they had been presented at that time. Of course, historians dispute the problem.
They argue about the differences in the approach of general Jaruzelski and that of the Soviet generals. But people are not particularly interested in the historic motives. If you leave it to the domain of history, then there will be some sort of unfinished issue and that would have an impact on the future.'
It is paradoxical that present day democracy has to prove guilt of a dictatorship using legal tools which are incomparable to the actions of the communist times. But constitutional legal expert professor Piotr Winczorek is confident the major charge against general Jaruzelski of the illegal introduction of martial law in 1981 can be proved even in terms of the former communist constitution and then binding laws.
' The parliamentary rule then had been of sessions. Decrees of the State Council headed by Jaruzelski could be passed only between these sessions and presented for approval at the next sitting of the House. The martial law decree had been announced during the session, so it obviously violated the constitution.'
It seems that the IPN prosecutors will have little problems with proving their case in court. However, the question remains, why has it taken more than fifteen years in free and democratic Poland to come up with these charges... and how much coincidence in time does the action have with the latest scandal surrounding the presidential mistake in presenting general Jaruzelski with the Siberian Cross.
It would be most unfortunate, if the case be perceived in terms of revenge rather than an act of historic justice.
I'm not sure this is the case but am willing to be enlightened by anyone who knows more about it. I seem to recall that the chances of a Soviet and Warsaw Pact move into Poland to dismantle Solidarity if the Poles themselves didn't do it was at the time (1981) seen as probable.
My first impulse is to hang folks like this, after a fair trial, of course.
But then I think, if the average dictator sees that the hangman's noose awaits him once lets go of his hold on power, perhaps he might tighten his grip all the more.
From the article:
"...General Jaruzelski has responded to the latest attempt at bringing him to account as tantamount to passing moral judgment on all those Poles who considered martial law a justified move to save Poland from outside Soviet intervention and bloodshed from an internal war."
Do you think that this will be a winning defense?
Just curious... does the Polish government provide an attorney for General Jaruzelski or is he responsible for retaining his own legal counsel?
Just as probable as the invasion of Hungary or Czechoslovakia.
Dzieki
He should live the rest of his life in jail.
Here that commie rat bastard is, facing holiness, and sweating bullets.
1956 1968
He is broken man now
That was my impression too, during those times. It seemed as if Poland was confronted with two choices--total domination by the Soviets, and harsh but less harsh domination by this general. "Democracy" for Poland was NOT an option circa 1979-1982, and if this general did not slightly crack down on democratic forces during that time, then the Soviets would have, with much roughter consequences.
Democracy was inevitable for Poland, but by taking the lesser of the two evils temporarily, democracy came without bloodshed, without violence.
As much as I dearly appreciate the friendship of all the Poles on the ping list, I am sure they will wish to lynch me for proposing that the bust of this general be put on their coinage, currency, and postage stamps, because even though he was not a "nice guy," he made democracy possible.
Jaruzelski was told by the Soviets in the middle of '81, that the Soviets would not invade, even if Solidarity achieved power in Poland. But Jaruzelski hid that from the military so they could do his bidding in the belief that it would save Poland from Soviet invasion. He saved Poland from nothing, he is a traitor.
In 1980, yes invasion was possible. By 1981, due to Reagan being in the White House and the Soviets problems in Afghanistan, things changed considerably. By then, there was no threat of Soviet invasion.
By 1981 Brezhnev was virtually incapacitated, and dead by 1982. In his earlier days, he would have sent in the tanks, regardless of cost.
I think he's wealthy enough to afford defence expences on his own.
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