Having been exposed to many years in Polish and American courts, I could never understand why would seemingly educated and intelligent judge, prosecutor or social worker write an opinion, say something, that undermined or simply negated the basic rules of law and common sense.
Up till now, I blamed the situation in Poland on selected human stupidity (yes, some of the individuals talk and behave like people who never crossed grammar school level, namely street vendors in former communist Poland; simple people, you know, morons). I blamed it on senseless bias represented by most female judges, or unapologetic, in-your-face, corruption. Profit-driven media, embracing a child abductor, did not help either. All of these reasons still DO apply.
However, the bigger problem, which I discovered researching the recent story of Anika Kamińska, and only suspected as a possible reason up till now, is something new. Probably even more dangerous. Corruption of the idea, what exactly the existing law means to the well being of the entire Polish society. The corruption of the legal standards, which are being presented and taught to the future lawyers in Polish law schools and universities, is simply unforgivable.
Case in point. One of the people that Bożena Aksamit (the journalist for hire) quoted in her article on Anika Kamiński ( “Myślę że w ogóle nie powinnam się urodzić. Co Dalej z Aniką” – May 22, 2012) quotes is Tomasz Tadeusz Koncewicz. A practicing attorney, who also happens to teach the law at the University of Gdańsk, particularly European Law.
This individual, in a very unapologetic way, proclaimed, that the directives included in both Hague Convention and appropriate EU directives, created to prevent parental kidnappings, are … wrong, and Polish judges who apply them as they are written, are robots, who only apply the law in a “classical, mechanical way” ”
WTF!, I wanted to scream, reading this nonsensical garbage! Mr. Koncewicz commented further on the Polish order to return the children.
Firstly, we do not know, if or what steps have been taken in Ireland, in order to safeguard the interests and rights of the child. And this [Polish] court, failed to recognize, that this[the interest and rights of the child] is one of the conditions laid down by European law. Therefore, the judge’s interpretations that European law obliges the automatic return of the child is wrong and the result of a unilateral interpretation of the law.
To translate this into a simple “I-can-chew-and-walk-at-the-same-time” terms – WE DON’T trust Irish courts to be capable in handling custody cases; Irish social services are not capable to ensure that the best interest of the [Polish] child, is going to be protected in Ireland either!
REALLY, Mr “Brainiac”? You mean, a provincial, still communist idea infested apparatchik, who has never heard of Parental Alienation Syndrome is to be trusted, but a judge from a country with a legal tradition of hundreds of years ( the one, which is recognized as a leader in Hague Convention compliance) should not?
But Mr. Koncewicz theory gets even more “innovative”… or ridiculous, as we normal people would describe it. He continues to share his “wisdom” with the readers, about the Irish court’s ruling compelling the “Polish child” to be raised in Ireland, as follows:
Secondly, the Irish court was required [I used bold, not him] to take into account the earlier decision of the Polish court, which [ILLEGALLY – my capital letters and interpretation] refused to return the child. “Take into account” in the spirit of loyalty [to Polish judge] , especially that the Irish court similarly was going to be assess the situation differently [Mr. “Brains” was playing a true visionary here] than the Polish court, since it ordered [earlier] the return of the child.
Translation to a language of normal, i.e. those with IQ greater than shoe size, people:
Yeah, even though our judge gave a HUGE middle finger to YOUR earlier decision ordering us to return Anika (in the spirit of care free, horse ridding, Polish “we-know-it-all” tradition) , NOW you stupid Irish judge, you should SHOW the respect to us…. even though our middle finger is still clearly extended high, and proud… YOU SHOULDN’T have issued any other decision that disagrees with us.
Clearly, the new generation of Polish judges and prosecutors is being taught by this fool a new law doctrine, which insists that ONLY Polish courts should have the exclusive jurisdiction, and wisdom, in the adjudication of international child custody disputes. And regrettably, he is NOT the only teacher of such simple-minded standards. By suggesting the need to use a flexible approach, or “relative” power of the Hague Convention with appropriate EU regulations (hidden, politically correct keywords for “don’t care what it says”), he only supports the ill-conceived idea of the Polish legal superiority over other jurisdictions. Yeah, shhhure!
I know, that all judges are supposed to be unemotional, as they issue their decisions. But I do hope, that judges in other countries take seriously this type of mentality by their peers in one of the EU member countries. Poland seems to be turning back in its drive to democracy and the law. The current Polish regime behaves more and more like Brezhnev era Eastern Europe satellite country. Basic speech freedoms are being under assault on a daily basis. People are being intimidated for speaking out on human rights (One student was sent to 18 months of prison simply for …. quoting current, quite illiterate, Polish President, for posting some internet cartoons, widely available on Internet (the case of antykomor.pl))
This, with the recent unfolding of multiple corruption scandals in all branches of the Polish government, should be taken under serious consideration in foreign courts.
The article 20 of the Hague Convention on the civil aspects of the international child abduction states:
The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.
By having personally experienced the total lack of respect by predetermined rules of law in Poland, I came to a sad conclusion – my homeland country, in many cases, does fall under the rules of article 20. When an average citizen cannot trust the system, which is supposed to prevent anarchy, and instead, creates and promotes one, the real violation of fundamental freedoms and human rights takes place indeed.
This is the reality of Poland today. Poland may not be Somalia or Ethiopia, but on many levels, it behaves like these countries. It doesn’t matter, where a judge resolves issues at hand – in a nicely painted room, or rundown, with no electricity, hut. When the results are similar – anarchy and no justice – we should apply the same rules in treating them.
I only hope, that there are judges in the West, who find enough courage to write in their decisions something about this situation. I hope that they clearly indicate, if the arrogant stand of Polish courts, and a total lack of mutual respect by many of their Polish colleagues to their opinions, had some influence on decisions they made (as it should). Sending a clear judge-to-judge message can help resolve future parental abductions of children to Poland.