Friday

19th Jan 2018

Tusk on trial? Poland opens new Smolensk inquiry

  • The 'mystical' crash took place in the same spot as the Katyn massacre (Photo: Piotr Pawlowski)

The Polish government has launched a new inquest into the 2010 Smolensk air crash, in proceedings which could see EU Council president and former Polish PM Donald Tusk put on trial.

The Polish defence minister, Antoni Macierewicz, signed the documents authorising the inquiry live on Polish TV on Thursday (4 February).

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

  • The late president, Lech Kaczynski, was polling to lose elections, due shortly after the crash (Photo: President.pl)

They instruct Poland’s civilian-military aircraft accident body, the KBWLLP, to convene a special 21-man panel which will start work in March.

Macierewicz, who previously blamed Russia for the crash and who said Tusk helped cover up the plot, indicated that the inquest will lead to prosecutions.

“I’m convinced, the findings of the inquiry will allow us to get closer to the truth, to give material to military prosecutors and to judge, in all fairness, those responsible for this terrible tragedy,” he said.

He accused the former Tusk government of “abandoning” the “fallen” by letting Russia take the lead on previous investigations.

He also compared Tusk’s government to Poland’s post-WWII leaders, who served the Soviet Union.

“The scale of its actions can only be compared to what happened after World War II. That’s when national heroes were laughed at, demeaned, and the Polish republic was given over into foreign hands,” he said.

The press conference began with a video commemorating the victims. Family members, who were invited to attend, applauded Macierewicz.

Ewa Blasik, the wife of a Polish military officer who died in the crash, also told press the Tusk government “repeated lies, which had been written in Moscow”.

Mystical

The incident, six years ago, claimed the lives of 96 people, including the then Polish president Lech Kaczynski and dozens of high-ranking military staff.

It stirred painful memories because it happened in the same place where Soviet forces, in 1940, murdered 22,000 Polish officers and intellectuals in the Katyn massacre.

The Russian leader, Valdimir Putin, at the time described the coincidence as “mystical”.

Official enquiries said the plane crashed when its wing struck a tree while trying to land in fog, blaming pilot error and Russian air-traffic control. But a parallel inquiry, led by Macierewicz, said there was a mid-air explosion.

Poland is already preparing to put five former Tusk officials, including his former chief of staff, Tomasz Arabski, on trial in March for negligence on VIP flight security.

Tusks’ office declined to comment on Thursday’s developments.

But previous statements by members of the new Polish government indicate Tusk himself might face charges.

Zbigniew Ziobro, Poland’s justice minister and prosecutor general, when asked by press on 30 November last year if Tusk might face Smolensk charges, said: “Is it possible? Yes, it’s possible.”

“We’ll see. In all certainty, Tusk is responsible for many injustices, starting with Smolensk.”

Jaroslaw Kaczynski, the late president’s twin brother and the head of the ruling Law and Justice (PiS) party, made similar remarks on 5 October.

“Donald Tusk belongs to those politicians who are morally responsible for the Smolensk catastrophe and should disappear from the political scene,” he said.

“I wonder if they will go after Tusk - but this is the direction,” Andrzej Stankiewicz, a columnist for Rzeczpospolita, a Polish daily, said on Thursday.

Foregone conclusion?

Whether or not the EU president ends up on trial, PiS’ political adversaries say the outcome of the probe is a foregone conclusion.

The head of the 21-man panel, Waclaw Berczynski, an engineer, already endorsed the explosion theory as a member of Macierewicz’s parallel investigation.

He said on Thursday he was taking on the new task “without any preconceptions”.

But he added that the Tusk government’s inquiry “missed so many elements it moved in the direction of falsification”.

For her part, former Polish PM Ewa Kopacz, from Tusk’s Civic Platform party, accused PiS of trying to “make politics … on the back of human tragedy”.

“It’ll be wicked, if the new Smolensk commission is designed to prove Macierewicz’s theory,” she told Polish TV on Thursday.

Aleksander Kwasniewski, a former Polish president, said the Russian plot theory is “political fiction” because the late Lech Kaczynski posed no threat to the Kremlin.

“If he [Putin] takes care of his opponents, they’re opponents who really matter,” he said.

Soap opera

PiS has already tested EU nerves by passing judicial and media laws which, critics say, undermine judges and journalists' independence.

One media law involves journalists in public broadcasters being sacked, vetted, and rehired. Part of the vetting asks if they gave “objective” coverage of Smolensk.

Ryszard Petru, from the opposition Modern party, said PiS will exploit the new probe to make itself more popular. It’ll be a “new series on Polish public TV”, he said.

For its part, Russia said it won’t assist in the new investigation.

Its foreign ministry spokeswoman, Maria Zakharova, said on Thursday: “If Poland still has questions on the catastrophe, it should find answers to them on its own behalf.”

“I hope that this isn’t political. It’s a small hope, but it’s there,” she added.

EU commission puts Poland on the hook

The EU commission has triggered rule-of-law monitoring of Poland, in an unprecedented step, prompted by constitutional and media reforms. The move follows a nasty exchange of letters.

EU seeks to extend Morocco fish deal, despite legal opinion

An EU court advisor says an EU fish deal with Rabat should be scrapped due to the Morocco-annexed territory of the Western Sahara. The fisheries agreement is set to expire in July but the European Commission want to renew it.

News in Brief

  1. EU Parliament to investigate glyphosate-decision process
  2. 'Mutagenesis' falls outside EU's GMO rules, says EU top lawyer
  3. Decision on Polish MEP's Nazi-era slur postponed
  4. Bad loans in EU decrease to 2014 levels
  5. UK demand for EIB loans dropped in 2017
  6. EIB president: Juncker fund has worked
  7. Moscovici calls for more transparency on tax havens list
  8. Commission proposes VAT overhaul

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic Solutions for Sustainable Cities: New Grants Awarded for Branding Projects
  2. Mission of China to the EUTrade Between China, Belt and Road Countries up 15%
  3. Nordic Council of MinistersOresund Inspires Other EU Border Regions to Work Together to Generate Growth
  4. Mission of China to the EUTrade Between China, Belt and Road Countries up 15%
  5. AJC Transatlantic InstituteAJC Calls on EU to Sanction Iran’s Revolutionary Guards, Expel Ambassadors
  6. Dialogue PlatformRoundtable on "Political Islam, Civil Islam and The West" 31 January
  7. ILGA EuropeFreedom of Movement and Same-Sex Couples in Romania – Case Update!
  8. EU2017EEEstonia Completes First EU Presidency, Introduced New Topics to the Agenda
  9. Bio-Based IndustriesLeading the Transition Towards a Post-Petroleum Society
  10. ACCAWelcomes the Start of the New Bulgarian Presidency
  11. Mission of China to the EUPremier Li and President Tusk Stress Importance of Ties at ASEM Summit
  12. EU2017EEVAT on Electronic Commerce: New Rules Adopted

Latest News

  1. Nato prepares to take in Macedonia
  2. Taking full benefit of supercomputers in Europe
  3. Spitzenkandidat system 'difficult to get rid of', hopes lead MEP
  4. Rights NGOs face fresh threats across the EU, agency says
  5. EIB 'more sensitive' to fraud after Dieselgate, chief insists
  6. EU 'hypocrisy' condemns people to Libya, says NGO
  7. Next year's EU election at risk of Russian meddling
  8. Hungary to tax NGOs that 'help' migration

Stakeholders' Highlights

  1. European Jewish CongressChair of EU Parliament Working Group on Antisemitism Condemns Wave of Attacks
  2. Counter BalanceA New Study Challenges the Infrastructure Mega Corridors Agenda
  3. Dialogue PlatformThe Gülen Community: Who to Believe - Politicians or Actions?" by Thomas Michel
  4. Plastics Recyclers Europe65% Plastics Recycling Rate Attainable by 2025 New Study Shows
  5. European Heart NetworkCommissioner Andriukaitis' Address to EHN on the Occasion of Its 25th Anniversary
  6. ACCACFOs Risk Losing Relevance If They Do Not Embrace Technology
  7. UNICEFMake the Digital World Safer for Children & Increase Access for the Most Disadvantaged
  8. European Jewish CongressWelcomes Recognition of Jerusalem as the Capital of Israel and Calls on EU States to Follow Suit
  9. Mission of China to the EUChina and EU Boost Innovation Cooperation Under Horizon 2020
  10. European Gaming & Betting AssociationJuncker’s "Political" Commission Leaves Gambling Reforms to the Court
  11. AJC Transatlantic InstituteAJC Applauds U.S. Recognition of Jerusalem as Israel’s Capital City
  12. EU2017EEEU Telecom Ministers Reached an Agreement on the 5G Roadmap