To complete the detail of how Komendant Gawlik violated the Law by writing to me in Polish, I have to offer Articles of both the Polish Constitution and European Law for you to read.
In my next post I will expose the detail of what Komendant Gawlik wrote to me , supposedly in answer to my questions. The content of his letter is absolutely extraordinary , and defies belief, given that I am in possession, and will publish, Police documentation that proves the innacuracies that he claims as fact, and exposes his response, indeed exposes the entire letter for what it is, nothing more than a blatant attempt to mislead, obfuscate , deny both reality and the Law, and in equal measure attempts to ensure that the truth cannot be revealed. He has failed, utterly, to prevent the truth being exposed. The documentation created by his own Officers, including by NadKom Piotr Prokipczak expose the brutal truth of how Senior Officers in the Police in Gorlice have conducted themselves, shameful as it is, it is the reality
In yesterdays post you can read decisions handed down by 2 Polish Criminal Courts' regarding this exact subject, that is the failure of Polish judicial bodies (Police and Prosecution Services) to write to me in English and/or failing to provide me with original Polish documentation along with certified English language translation of that documentation. I appreciate that this is a rather technical issue, but, given that I cannot understand Polish, it is, you might agree, very important. How, in this circumstance, could it be possible for me to protect myself, or defend my legal interests, if I have no idea what is being done, written, or said, by the investigative authorities, in criminal cases where I am the victim?
The Polish Courts' have, at all times, in every case, in every situation, provided me with an interpreter during hearings, and in the case of written documentation, have always provided me with original documentation signed by the Court, as well as providing certified translations of that documentation.
It is therefore, only the Police and Prosecution service that have violated my rights in this way, repeatedly and deliberately. Something that Komendant Gawlik decided he was also going to do. So below I list every Article of the Polish Constitution which could be connected to this issue, as well as Articles from the Charter of Fundamental Rights of the European Union, which Poland is a signatory to, and indeed Polands' Constitution states that this international agreement and its Laws, takes precedemce over pre-existing Polish domestic Law, something that Komendant Gawlik is, clearly, entirely unaware of.
I will post the full wording* of each of these articles at the end of the post, and I can say that, despite its length, these articles, particularly the European Law, is worth reading, as it exposes komendant Gawliks' ignorance in writing to me in Polish, and the consequent blatant violation of international law. This, combined with his violation of Polish domestic law, as well as the Court orders issued by Gorlice Criminal Courts' in July 2012, make his attempt to justify writing to me only in Polish, rather pathetic.
* In English, and ask that my Polish readers forgive me for not translating the full detail in Polish.
I remind you of what Komendant Gawlik wrote in his letter:
"Since the official language used in Poland is Polish, we provide answers only and exclusively in this language".
THE POLISH CONSTITUTION:
Art. 7:
"The organs of public authority shall function on the basis of, and within the limits, of the law.
Art. 8:
1/. The constitution shall be the supreme Law of the republic of Poland.
2/. The provisions of the Constitution shall apply directly,unless the Constitution provides otherwise.
Art. 9: The Republic of Poland shall respect international Law binding upon it.
Art. 27: Polish shall be the official language in the Republic of Poland. This provision shall not infringe upon national minority rights resulting from ratified international agreements.
Art. 30: The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorites.
Art. 31 para 2. : Everyone shall respect the freedom and rights of others.
No one shall be compelled to do that which is not required by law.
Art. 32 para 1. : All persons shall be equal before the Law. All persons shall have the right to
equal treatment by public authorities.
para 2. : No one shall be descriminated against, in political, social and economic life in
the Republic of Poland.
Art. 37 para 1. : Anyone, being under the authority of the Polish State, shall enjoy the freedoms
and rights ensured by the Constitution.
Art. 87: The sources of universally binding law of the Republic of Poland shall be:
The Constitution
Statutes
Ratified international agreements, and regulations.
Art. 91 para 1. : After promulgation in the the Journal of Laws of the Republic of Poland (Dziennik
Ustaw), a ratified international agreement shall constitute part of the domestic
legal order and shall be applied directly, unless its application depends on the
enactment of a statute.
para 2. : An international agreement ratified upon prior consent granted by statute
shall have precedence over statutes if such an agreement cannot be reconciled
with the provision of such statutes.
para 3. : If an agreement, ratified by the Republic of Poland, establishing an international
organization so provides, the laws established by it shall be applied directly and
have precedence in the event of a conflict of laws.
I must inform you readers, quite obviously I am no constitutional lawyer, far from it, but the Constitution of the Republic of Poland would seem to bar descrimination on the basis of nationality and language, or indeed any descrimination whatsoever, and equally seems to enforce the primacy of the Charter of Fundamental rights of the European Union over Polish domestic statute, . There are only 2 articles of the Charter that I offer here, as being exactly on the point raised by Komendant Gawliks' letter:
The Charter of Fundamental rights of the European Union (2007/C 303/01)
Art. 20: Everyone is equal before the Law.
Art. 21 para 1. : Any descrimination based on any ground such as sex, race, colour, ethnic or
social origin, genetic features, language, religion or belief, political or any other
opinion, membership of a national minority, property, birth, disability, age or sexual
orientation shall be prohibited.
So, to reiterate, Komendant Gawlik wrote:
" Since the official language of Poland is Polish, we provide answers only and exclusively in this language".
Do you , reader, think that Komendant Gawlik:
a) knows and respects the KPK (criminal procedure code),
b) respects 2 different Judges decisions regarding my rights,
c) knows and respects the Polish Constitution ,
d) knows and respects the Charter of fundamental rights of the European union,
but decided to ignore all applicable laws because he considers himself above such things?
OR
Is he, as Komendant of Police of the district of Gorlice, entirely ignorant of the existance of all prevailing Law?
