Post-1991 Katyn investigations in Poland.

AuthorCisek, Janusz
PositionConfronting Complexities Through the Diversity of International Law
  1. INTRODUCTION II. INVESTIGATORY PROCESS--CASE NO. S 38/04/ZK III. COOPERATIVE ENDEAVORS WITH THE RUSSIAN FEDERATION IV. COOPERATIVE ENDEAVORS WITH THE REPUBLIC OF UKRAINE V. COOPERATIVE ENDEAVORS WITH THE REPUBLIC OF BELORUSSIA VI. COOPERATIVE ENDEAVORS WITH OTHER NATIONS VII. RESEARCH EFFORTS IN POLISH ARCHIVES ON THE KATYN MASSACRE A. IPN Archives in Warsaw-Osrodek KARTA Archives in Warsaw B. Archiwum Akt Nowych w Warszawie C. National Digital Archive (Narodowe Archiwum Cyfrowe) D. Movie Archives (Filmoteka Narodowa) E. Information and Missing Persons Office of the Polish Red Cross (Biuro Informacji i Poszukiwania Zarzadu Glownego PCK) in Warsaw F. Katyn Museum, Branch of the Museum of the Polish Army (Muzeum Wojska Polskiego Oddziat Muzeum Katynskie) I. INTRODUCTION

    In 1989, the parliamentarian and actor Andrzej Lapicki presented the first post-Communist proposal concerning Katyn, based on a manifesto signed by members of the Katyn Family, in the new Sejm (Parliament) of the Republic of Poland. (1) The proposal was formulated so as to evoke a response from the Polish government, with a resulting exploration of all the facts involved in the Katyn Massacre and the responsibility of the Soviet authorities. (2) The new politics of the Soviet government in Gorbachov's era, combined with the efforts of Memorial, led to the Russian admission--in a short communique issued by the Telegraph Agency of the Soviet Union (TASS)--on April 13, 1990, confirming Soviet responsibility for the Katyn Massacre. (3) However, final responsibility for the crime was placed at the doorstep of the People's Commissariat for Internal Affairs (NKVD). Russian historians began to unearth previously unknown materials that had been retained, filed in secret archives until that moment. Because of Polish demands, an official Soviet inquiry dealing with the Katyn Massacre was initiated in September 1990. (4)

    In July 1991, the auxiliary Polish investigation was initiated, serving as an adjunct to the Soviet National Military Prosecutor's investigation and aided with both legal and specialist expertise. (5) Pursuant to a decision of the then Justice Minister Aleksander Bendkowski, Polish Deputy Prosecutor Stefan Sniezko was appointed coordinator. (6)

    Notwithstanding the Soviet investigation that was underway, and in light of a decision dated September 2, 1993 by Justice Minister Jan Piatkowski, steps were undertaken to initiate an independent Polish investigation into the Katyn Massacre. (7) A number of individuals from the Warsaw Prosecutor's Office were designated to work in this unit; which was in receipt of materials previously in the possession of Mr. Sniezko, and they were charged with the responsibility of organizing and conducting the Rzeczpospolita Polska's Katyn Investigation. (8) The unit was headed by Prosecutor Aleksander Herzog. (9) This specific unit was dissolved shortly thereafter and the materials in its possession were transferred to the Instytut Pamieci Narodowej (IPN, or Institute of National Remembrance) in January 2000. (10)

    In deciding to initiate the Polish investigation, it was agreed that by sanctioning the Katyn Massacre, USSR government officials involved had committed an illegal act that included a deliberate operation to execute thousands of Polish prisoners of war and civilians, which, as understood by international law and convention was a war crime and a crime against humanity.

    There exist multiple goals of the above-referenced investigation, which include: a unified and comprehensive documented explanation of the circumstances of this matter, including, among other issues, a detailed listing of the names of all the Polish citizens who were victims of the Katyn Massacre (the Belorussian List is still missing); the determination of heretofore unknown massacre and burial sites of these victims, ascertaining the names of all those involved in making the decision dated March 5, 1940; the names of those who involved in executing the decision, and determining the scope of their responsibility; and finally bringing the still-living perpetrators to justice, insofar as it is possible. Another goal is the formation of a complete list of those who are defined as "injured" as a result of the loss of their family members, as based on Polish law.

  2. INVESTIGATORY PROCESS--CASE NO. S 38/04/ZK

    An investigation was conducted by the Miedzyoddziatowy Zespot Sledczy (Interdepartmental Investigative Unit), which was dissolved by order of the Director of the Glowna Komisja Scigania Zbrodni przeciwko Narodowi Polskiemu (GKSZpNP, or Chief Commission for the Prosecution of Crimes against the Polish Nation a division of the IPN) in 2008. (11) It was replaced by a three-member Zespot Sledczy (Investigative Unit), consisting of prosecutors from the Chief Commission working on case No. S 38/04/Zk. (12) The work of this specific unit is aided by the remaining ten Regional Commissions of the SZpNP in Poland, which aid the Chief Commission by conducting interviews of witnessing parties in their respective regions. (13)

    Documentary efforts in the investigative process concentrate primarily on interviewing witnesses, both in Poland and abroad, as well as locating archival material that refers to the Katyn Massacre. As a result, a total of 2,589 witnesses have been questioned with the greater majority being immediate family members of the victims. (14)

    Among those recently interviewed, it is particularly relevant to mention the testimony of Henryk T. (witnesses surnames are not customarily disclosed in Poland); who related that he was transported as a forced laborer to Smolefisk in February 1942 and, in the spring of 1943, was an eyewitness to the exhumations conducted in the Katyn Forest. (15) This testimony, as well as other items referred to in this presentation, is proof that despite the passage of seventy years, new materials and evidence continue to be discovered.

  3. COOPERATIVE ENDEAVORS WITH THE RUSSIAN FEDERATION

    Because of its great import for the prosecution, the documentary evidence collected in the investigation recorded as Case No. 159 of the National Military Prosecutor of the Russian Federation with respect to the Katyn Massacre, the Regional Commission of the SZpNP in Warsaw, through the offices of the Polish Ministry of Justice, submitted a request that the Prosecutor General's Office of the Russian Federation extend all possible legal aid and assistance. (16) This included a request for verified photocopies or copies of the completed prosecutorial documentation found under No. 159 in the records of the National Military Prosecutor of the Russian Federation, and additionally for a verified photocopy or copy of the decision to suspend said investigation, and the transfer of all aforementioned documents to the Polish prosecutors so that they might be utilized in Case No. S 38/04/Zk. (17)

    The...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT