A list of Tusk omissions with respect to the Smolensk Crash
Published: March 24, 2017
"This is a complaint about decisions made to the detriment of Poland”
The public prosecutor's office was notified that Donald Tusk, acting as Prime Minister of Poland, might have committed a crime with respect to the Smolensk crash. The former Prime Minister should face justice in accordance with due process of law, says Antoni Macierewicz, Minister of National Defense (MON) in his interview for "Gazeta Polska." The lack of any guarantees for the full participation of the Polish representatives in all the activities at the crash site in Smolensk and the failure to return the wreckage of the Tu-154M are the key reasons raised by the head of MON in the notice to the public prosecutor's office against former Prime Minister Donald Tusk.
Polish Information Agency (PAP) has learnt the content of the notice issued by MON to the public prosecutor’s office. The notice refers to the probability of committing diplomatic treason according to article 129 of the Polish Criminal Code in connection with the investigations of the Smolensk crash. The State Prosecutor's Office spokeswoman Ewa Bialik informed PAP that the complaint has been filed with the Military State Prosecutor’s Office.
The head of MON notified the prosecution "on the probability that a crime was committed to the detriment of the Republic of Poland by Donald Tusk," who, acting as the Prime Minister of Poland, "has not fulfilled his official duty." Several examples are listed in the notification such as agreement to apply just Annex 13 of the Chicago Convention as the legal basis for the investigation of the crash, what in the opinion of MON has prevented the Polish side from full participation in the investigation.
According to the head of MON Tusk "having the ability and duty as Prime Minister to predict that in these circumstances such actions are detrimental to the interests of POLAND" and by acting contrary to the binding agreement of defense ministers of Poland and Russia from 1993 with respect to principles of military air traffic, "has entered into an agreement, allowing application of Annex 13 to the Convention on International Civil Aviation known as the Chicago Convention. This agreement prevented the full participation of the Polish side in the investigation of the causes of the Smolensk crash. According to MON, the Polish-Russian agreement from 1993 should govern the investigation of the Smolensk crash.
According to MON, Tusk also "failed to make the arrangement with the Russian side to ensure full participation of the Polish representatives in all aspects of the investigation activities at the crash site. Consequently, the Russians began to carry out these activities without the participation of the Polish side and then continued restricting or preventing the Polish representatives from participation in subsequent investigation activates. "
Next the complaint alleges the omission to take appropriate steps to enforce the return of the wreckage of the Tu-154 m aircraft, its fragments, recordings, as well as other equipment and all flight data recorders to Poland.
According to MON, Tusk acted to the detriment of Poland and jeopardized the interest of Polish citizens, including the families of the victims of the disaster, as well as Polish political interest, by weakening “the position and credibility of Poland in international relations," by weakenign public confidence in carrying out a proper investigation into the Smolensk crash, including the ability to accurately determine the causes of the crash and develop preventive measures for the future. According to MON, such actions meet the definition of a crime described in Article 129 of the Criminal Code, which provides for penalty of up to 10 years prison term for a public official, who in relations with the government of a foreign country or foreign organization, works to the detriment of the Republic of Poland.
"The likelihood that a crime has been committed is high because the Prime Minister is authorized to act on behalf of the Republic of Poland in its relations with a government of a foreign country, in this case with the Russian Federation," MON wrote in support of its claim.
"In this case, detrimental consequences of the agreement made by Donald Tusk to the Republic of Poland became evident immediately in the course of the investigation, when the Polish accredited representative and the group of Polish experts were forbidden to perform the photographic documentation the crash site, they were not allowed to participate in the interrogation of witnesses, were prevented from having access to the original data recordings and black boxes. The Polish Accredited Representative Edmund Klich had been informing Prime Minister Donald Tusk on a regular basis about the above problems in his reports. The Minister of Defense then in office also had been receiving this information through the team of Colonel. Miroslaw Grochowski," said MON.
In the opinion of MON, Tusk also failed to assure any arrangements for the release of the key evidence in the case, that is, the wreckage of the Tu-154 m plane, the original data recorders and on-board equipment. According to MON, Tusk did not follow up on the Declaration made by President of the Russian Federation Dmitry Medvedev in December 2010 to return the wreckage to Poland by April 10, 2011."
"As a result of entering into an agreement on terms detrimental to Poland, the ability of Poland to seek relief on the international arena was gravely impaired. This includes the effective examination of the Smolensk crash. The loss of prestige and credibility in international relations for the Republic of Poland was glaring. The decisions of the former Prime Minister Donald Tusk jeopardized the interest of the citizens, in particular the interest and welfare of the families of the victims of the disaster," stressed the MON.
Mon Minister Macierewicz stressed that in his view a crime has been committed. "Prime Minister Donald Tusk has contracted with Vladimir Putin an illegal agreement to the detriment of the Polish State and for that he should face justice," he said. The MON complaint applies to the activities of Donald Tusk as Prime Minister of Poland for the period between 2010 and 2014, when Tusk became the President of the European Council.
The thread of the alleged diplomatic betrayal is already tested by the the State Prosecutor's Office team investigating the circumstances of Smolensk. The main Prosecutor's Office informed about this investigation back in September 2016. This inquiry concerns actions to the detriment of Poland, for the period 2010-2011, by public officials authorized to act in relations with Russia during the investigation of the causes of the Smolensk crash.
Click on the thumbnails below to view screen dumps from the detectors used to examine the wreckage and seats from the Polish president's plane crash in Smolensk. An "X" denotes the presence of the detected explosive substance and its type. The underlined Polish word "Probka" or "probka" in the screen dump 1 and 2, means "Sample"
Why did they all fly on the same plane?
Synopsis: January 12, 2013, Toronto, Canada. The wife of the late Deputy-Minister of Culture Tomasz Merta: "What I am about to tell you now, are suspicions - and not even my own - but, rather the [suspicions of the] individuals in the inner-circles of the [Polish] military... I heard a statement that was made - but, I am not taking any responsibility for how credible, or not credible it is. [I heard that] had the generals and journalists' not been re-assigned to different aircraft, it wouldn't have been the Tupolev [Tu-154M], but rather the Casa [transport aircraft] that would have been taken out.
Because the Generals were no longer onboard the Casa, there was no reason for it to get airborne. And for this reason it was the Yak[-40] that flew off to Smolensk. This Casa [transport aircraft] was never examined in any way. It was not subject to any examination. Aside from a single note in the deposition given to the military, no one was interested why this aircraft didn't fly [to Smolensk]. Perhaps, this is someones crazy phantasy, but perhaps it isn't.
Some [Polish] military personnel had suggested, that it [the Casa] had to stay behind at the Okecie military [tarmack], so that the explosives could be removed from it - because they were no longer needed [...] I am only repeating what I was told."
"Disarming" Explosives ...
It is worth for us to retrace the entire process of "disarming" the case of explosive substances at the crash site. It all started with the publication of Cezary Gmyz in "Rzeczpospolita" on October 30, 2012, and information that the detectors, which were used by experts in Smolensk (in late September and October) showed traces of TNT and nitroglycerine.
As it turned out, the journalist was also reporting about the indication of Hexogen. The storm broke. The prosecution denied the publication, and ultimately, the editor-in-chief of "Rzeczpospolita," Cezary Gmyz and two other journalists lost their jobs. The entire editorial staff of one of Poland’s most popular weeklies, "Uważam Rze", was also silenced.
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