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(en) Poland, rozbrat: A judge in the trial of people accused of the Black Protest is prejudiced against the Anarchists? [machine translation]

Date Wed, 12 Sep 2018 08:21:25 +0300

October 3, 2016 in Poznan, some of the participants in the so-called After the end of the main demonstration, the black protest headed for the PiS office to express its opposition to the government's plans to tighten the anti-abortion law. On the spot, the demonstrators found the policemen in whose direction someone from the crowd threw a few smoke candles. In response, the officers began to press on the gathered and beat them blindly with batons. They also used pepper spray, which affected dozens of random people. As a result of the intervention of the officers, three people were detained, subsequently accused of violating the bodily integrity of the policeman. Another 3 people were accused of participating in an illegal gathering - it happened when they reported that the police had exceeded their rights. However, the case of the police officers was discontinued.

For several months, a trial of six people has been taking place in the court in Poznan. All are associated with the anarchist community. Only policemen have been interviewed so far. In all, almost sixty (!) Officers are to be testified against by the court. In most cases, their testimony did not bring anything to the matter - many were unable to reproduce the course of the event, others claimed to be involved in too many interventions to know if they were there at all. In the meantime, the search for defense witnesses who took part in the protest at the PiS office continued. At the last hearing, August 20, the judge refused, however, to accept the list of these witnesses - she demanded to describe exactly where each of them was during the protest and clash with the police, what he was doing, who he was, etc. Although writing a short explanation for the evidence and the witnesses being called is a rule (which the attorney's lawyer has fulfilled by sending a list of witnesses to the judge), the expectation of such detailed information is not a customary court proceeding. The judge justifies his decision by the fact that he does not want to allow a deliberate prolongation of the trial and decency. From our perspective, this is a curious situation in which defendants are assumed to be ill-willed and defense is impeded.

We informed you about the very specific approach of judges Agnieszka Cabrery-Kasprzak to the list of witnesses submitted by us after the last hearing. Out of curiosity, we checked whether in the past she had had contact with the anarchist community. It soon turned out that the judge had long ago discontinued a loud case about the use of a private paralyzer on duty by a police officer during a lecture on gender in Poznan. We dug up to the article in which excerpts of the justification for such a decision and its criticism are quoted. We are troubled by the hurtful, unjustified, very vague and stereotypical approach of the Judges to those identified with the anarchist community. We hope that this time the similar situation will not happen again.

"The court dismissed the case. We have reached the justification. Judge Agnieszka Cabrera-Kasprzak states that the crime took place, and by taking a private stun gun to the lecture, the policeman "acted with a prior intention" and "knew that he was acting in violation of the law." However, she discontinued the matter because of ... negligible social harm. This statement of guilt, but formally the policeman will remain unpunished and will not lose his job.

The judge claims that the policeman had the right to feel threatened because he was in civilian clothes, without a vest or helmet. He also expected the lecture to be interrupted by anarchists because the police warned the organizers about it. "He certainly knew the typical behaviors of this type of professional experience," says Judge Cabrera-Kasprzak. And he adds: "He had to know from office that such people often carry dangerous tools and have taken attacks on persons who
are public officials in the past ."

The judge does not explain what his opinion about anarchists is based on. In recent years, anarchists have often been tried, but in most cases they were acquitted. One of them was convicted only for fencing the policeman's uniform leg.
- I am not convinced by this argument - says Dr. Piotr Kladoczny, a lawyer from the Helsinki Foundation for Human Rights. And he asks: - Why does the court assume that every anarchist is aggressive and what does it matter if the policeman consciously takes a private taser and then exceeds the
powers? "

The entire article, written by Piotr Zytnicki, can be found here http://poznan.wyborcza.pl/poznan/1,36001,19604731,policjanci-sprawdzili-na-sobie-pa%20ralizator-jest-bezpieczny.html

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