The Regional Prosecutor´s Office in Cracow has undertaken verifying proceedings connected with the publication of the book by Jan Tomasz Gross entitled “Fear”. Prosecutor wants to examine whether the book´s author committed the crime of unjustly accusing the Polish Nation of participation, organization and responsibility for Communist or Nazi crimes (Article 132a of the Penal Code). The Helsinki Committee appeals to state authorities for restraint in taking actions until the problem of article 132a is consideredby theConstitutional Tribunal. ( 18-JAN-08)
Warsaw, 18 January, 2008
STATEMENT OF THE HELSINKI COMMITTEE IN POLAND
The Regional Prosecutor’s Office in Cracow has undertaken verifying proceedings in
connection with the publication of the book by Jan Tomasz Gross entitled “Fear”. The aim of
activities conducted by the prosecutor’s office is to examine whether the book’s author
committed the crime of unjustly accusing the Polish Nation of participation, organization and
responsibility for Communist or Nazi crimes, as referred to in Article 132a of the Penal Code.
This deed is subject to punishment of up to three years imprisonment. The regulation
penalizing “slander against the Polish Nation” was introduced in the Polish legal system under
Article 37 of the so called lustration law of 18 October 2006.
We would do not intend to remain indifferent towards the prosecuting organs’ use of
regulations that arouse serious doubts as to their conformity with the Constitution and
fundamental international standards protecting freedom of speech. The more so because the
Commissioner for Civil Rights Protection lodged an appeal against the discussed regulation to
the Constitutional Tribunal (file signature K 5/07) and it is currently awaiting consideration.
In our assessment, Article 132a of the Penal Code has no raison d´etre in the legislation
of a democratic state, which should pay foremost attention to ensuring unfettered
development of public debate on important issues – a debate, where there is also room for
opinions that are controversial and arouse resistance from part of the public opinion.
We have on numerous occasions opted for limiting penal law forms of interference in
freedom of speech. We appeal to state authorities for restraint in taking actions that today
could find formal justification in Article 132a. Until the case is considered by the
Constitutional Tribunal, organs of the public prosecution should discontinue proceedings held
based on the regulation called into question.
Signed by the members of the Helsinki Committee in Poland:
Teresa Bogucka, Halina Bortnowska-D¹browska, Marek Edelman, Janusz Grzelak, Zbigniew
Ho³da, Jacek Kurczewski, Wojciech Maziarski, Micha³ Nawrocki, Marek Antoni Nowicki,
Danuta Przywara, Marek Safjan, Stefan Starczewski
