Appeal for Tomek

NOTE: For those who are new to ELP.  Tomek is a Polish anti-fascist
activist who was attacked by a gang of neo-nazis.  Tomek defended
himself and a neo-nazi was accidentally killed.  Tomek is serving 15
years for the killing.


> URGENT APPEAL! (July 22 2006) (See bottom of page for background on the case)
>
> We need to collect about 1000 USD for Tomek's lawyer! We're also
> collecting funds in case he is released.
>
> Tomek, having served 2/3 of his 15 year sentence, can appeal for
> release. Tomek has been in jail since March 2006 - over 10 years!
> Tomek already tried to appeal for release but he did not have proper
> legal representation and was denied. We are organizing a lawyer for
> him who has been helpful with other cases and he will try again to
> appeal for early release. The total costs of legal representation,
> including travel and other costs related to the case will be about
> 1000 USD; we already have a third of the money, which we are paying
> for a deposit for the lawyer's work and other expenses. We are
> appealing to comrades, friends of Tomek's and anybody interested in
> this case to gather the balance ASAP!
>
> In addition, we are gathering funds for Tomek for when he is released.
> Tomek's situation is extremely hard; he is from a town with very high
> unemployment, did not finish any higher education and he has a serious
> criminal record. His father died last year and his mother is rather
> ill and living in poverty. Tomek would like to care for his mother but
> the situation is complicated by the fact that when he leaves prisons,
> there may be nazis looking for him.
>
> Many people have taken an interest in this case and offered to help
> Tomek in different ways after his release. One vocational school wants
> to admit him, but he still would need funds to get himself through his
> course of study. Whether he decides to study or to look for work, one
> thing is clear: Tomek is going to need some cash to put his life
> together after his release.
>
> If (by some fundraising miracle) there are extra funds left after
> paying legal expenses, they will be transferred to an account set up
> for Tomek when he is released. We will be gathering donations on this
> account until then, so if you want to help, please set something!
> (Every few dollars or euros counts!)
>
> Funds are being collected on a joint account run by ABC groups from
> Warsaw (both groups), Przasznysz and Bialystok and Anarchist
> Solidarity.
>
> Please send donations to:
>
> Jakub Gawlikowski
> PL05 1140 2004 0000 3702 4238 2269
> BRE Bank S.A. Retail Banking, al. Mickiewicza 10, 90-050 Lódz
> BIC/SWIFT: BREXPLPWMUL
> SORT CODE: 11402004
>
> Freedom and Justice for Tomek
>
> Tomek Wilkoszewski was jailed in March 1996. He's been deprived of his
> freedom for more than five years. According to the verdict of the
> local court he must spend ten more years in prison. What did he do to
> deserve such a sentence?
>
> Tomek comes from a little village near Radomsko (a typical small town
> in central Poland). He was a good student and was finishing a
> technical highschool. He wanted to continue his studies afterwards. He
> was working to pay for his studies. He had never been convicted before
> and had never been in contact with the Police before that fateful day
> of March 1996.
>
> But he ran out of luck: First, there was a nazi-skinhead group in
> Radomsko who was trying to rule the town. The assaults and the
> bullying were daily occurences that were overlooked by the Police and
> the local authorities. Most of the time "strangers" would be attacked,
> i.e. newcomers like Tomek who was driving to Radomsko each day.
> Someone who had been beaten by a band of these nazis went to the
> police and he was told: "If you weren't looking for fights, you
> wouldn't have been beaten. You should stay quiet." Tomek had been a
> victim of the attacks several times. Once, someone tried to pick out
> one of his eyes. What happend next was nothing more than the logical
> consequences of this situation: With no help to be found, the
> terrified youngsters tried to defend themselves. The death of a young
> man was no more than a part of this tragedy (after one of those
> fights, a nazi-skinhead died from loss of blood while waiting for an
> ambulance).
>
> Second, Tomek was accused of the murder. As he had often been
> assaulted, he had a motive and, according to a few witnesses, he had a
> knife. This so-called crime instrument, which was used as evidence by
> the prosecution, has been subject to no examination or investigation
> that could unequivocally
> confirm the accusation. During the judical procedure there were a
> number of similar uncertainties, but that wasn't taken into account by
> the Judge who at that time bowed to the pressure of public opinion
> which was asking for the most severe penalties.
>
> Third, the prosecution and the Judge wanted to demonstrate something.
> The fifteen year verdict and the lesser sentences given to the eight
> other defendants were outstandingly severe. The witnesses of this
> judicial process were outraged by the justification of the verdict
> which "should have an educational function for the convicted as well
> as for the entire underworld!" No extenuating circumstance was
> recognized and Tomek received one of the highest penalties in Poland.
> But on the other hand, nazi-skinheads, or other criminals would get
> away with eight years verdict for murder with premeditation and were
> out of jail after four years. This is what this justice is about: high
> penalties for the nonconformists and the poor who can't afford a good
> lawyer and mild penalties for the Mafia and the thugs.
>
> But Tomek had also a bit of luck. Anarchists Black Cross and other
> anti fascist groups got interested in his case. Polish TV transmitted
> a movie called "Riot", and the biggest Polish newspaper published a
> long article about the case. While being interviewed for a newspaper
> as well as in front of the cameras, the nazis would tell openly about
> their actions of cleaning the town of all kinds of strangers. These
> two documentaries were quite highly publicised across Poland, but were
> ignored by the court. In the prison he managed to finish his secondary
> school, he got a job and the prison authorities have a good opinion of
> him. After four years Tomek's supporters managed to have the appeal
> trial (kasacyjna) held. It happened on 27 September 2000, but it was
> dismissed by the Court for buerocratic reasons. Now the only chance to
> help Tomek is for him to appeal to the President. but the chance is
> pretty low because Polish criminal law is getting more and more
> strict.
>
> To improve his chances , we have to support our application with
> plenty of statements from the whole country and abroad.
>
> Unfortunately until now, all requests for parole passes have been
> denied. In current situation the only chance for getting Tomek parole
> passes, chances to study or change his prisoner-status would be with
> legal help from a lawyer. However, the costs are beyond our
> capabilities. you can send letters, fanzines, tapes, CDs. Write to him
> (in English preferably ):
>
> Tomasz Wilkoszewski
> Zaklad Karny
> ul. Orzechowa 5
> 98-200 Sieradz
> POLAND
>
> Polish Anarchist Black Cross groups are collecting money for Tomek
> (for legal costs and funds for him to have a fresh start when he goes
> out of jail - soon hopefully!)
>
> Account of ABC groups: Bialystok, Przasnysz and Warsaw:
> Jakub Gawlikowski
> PL05 1140 2004 0000 3702 4238 2269
> BRE Bank S.A. Retail Banking, al. Mickiewicza 10, 90-050 Lódz
> BIC/SWIFT: BREXPLPWMUL
> SORT CODE: 11402004
>
>
> PETITION
> We, (signed below) , support the application for the release of Tomasz
> Wilkoszewski, handed in on 27.06.2002 to the Office of the Polish
> President. A severely high sentence - 15 years of imprisonment is in
> our opinion much too high. During the trial, the court regarded Tomasz
> as a criminal but he was a victim. The cause of this tragedy was not
> Tomasz's bad character, it was the fact that he had been attacked over
> the previous few months by hooligan groups calling themeselves
> facists. Following these attacks the police remained completely
> passive. This made Tomasz seek revange. Until this incident,Tomek had
> not had any problems with the law. He was a good student, a well
> behaved citizen and a son. Now, he is a perfect example of
> resocialization in a prison in the city of Sieradz. While being
> imprisoned, he has passed his A levels with very good results, and
> after this has been working. He has spent over six years in prison,
> soon he will be able to apply for an early release. In our opinion he
> has already had his punishment. Longer imprisonment, which would mean
> contact with the criminal society can only change him from a normal
> man, with a will to continue his studies, into a criminal himself.
> Tomasz went to prison as a result of a chain of tragic events - it's
> time to break this chain.
> [print version]
>
> Send petition to this address:
>
> Kancelaria Prezydenta RP
> ul. Wiejska 10
> 00-489 Warszawa
> POLAND
>
> POLAND
> FROM CIVIL RIGHTS SPOKESPERSON'S REPORT ABOUT THE SITUATION IN POLISH
> PRISONS (YEAR 2002).
> As a result of a new, much more severe penal code, prisons and
> detention places are getting more and more overcrowded. Sentences are
> becoming more severe, it's getting harder to obtain parole passes and
> pardons. There are less suspended sentences. The use of temporary
> arrests has become so widespread, that currently Poland has the
> highest number of people imprisoned without sentence in Europe There
> are 80.000 incarcerated in Polish prisons, whose capacity can cope
> with only 63.000. A number of them have 50% more prisoners than they
> should have. The Administration isn't able to provide prisoners with 3
> square meters to which they are legally entitled. (It is significant
> that this norm is much lower that in EU countries. For example in
> Turkey, which is well-known for human rights violations where the norm
> is 8 square meters). Recreation rooms and infirmaries are made into
> cells. High overcrowding has a significant impact on health, sanitary
> and living conditions as well as the atmosphere among prisoners.
> Crowding people in small spaces results in increasing stress and
> aggression and contributes to more frequent law-breaking. The numbers
> of harrassments, beatings, robberies, suicide attempts, self-injuries
> and rapes are increasing. Overcrowding also has the effect of new
> prisoners being sent to prisons as far as 300-400 km from their homes.
> This makes relatives visiting more difficult or even impossible for
> many. High increase in prison population isn't accompanied by the
> increase in numbers of prison-staff. It results in a negative impact
> on their duties. In practice it means lowering the amount of direct
> contact between staff and prisoners thus making the latter being left
> alone.