“I intend to unilaterally terminate the letter of intent regarding the application to the ECtHR based on the so-called Smolensk Report with the Emmerson Consulting law firm concluded on the initiative of Mr. Antoni Macierewicz,” wrote the head of the Ministry of Foreign Affairs, Radosław Sikorski. This is a reaction to the findings of the “Black and white” journalist Piotr Świerczek.
Law and Justice politicians five days before elections they wanted to sue Russia to the European Court of Human Rights for Smolensk disaster. The cost of preparing a complaint is almost one million zlotys. “Black and White” journalist Piotr Świerczek obtained previously unknown documents describing the latest activities of the Smolensk subcommittee.
Radosław Sikorski reacts to TVN24’s findings
The head of Polish diplomacy commented on this information on Thursday Radosław Sikorski. “I intend to unilaterally terminate the letter of intent regarding the application to the ECtHR based on the so-called Smolensk Report with the Emmerson Consulting law firm concluded on the initiative of Mr. Antoni Macierewicz,” he wrote.
“Submitting an application that has no theoretical chance of success is exposing the authority of the state and taxpayers to unjustified expenses,” he added.
Complaint to the Smolensk subcommittee for one million
On October 10 last year, the then head of the Ministry of Foreign Affairs Zbigniew Rau and the chairman of the Smolensk Subcommittee, Antoni Macierewicz, signed a letter of intent on cooperation with experienced British lawyer Ben Emmerson, who was to prepare a complaint against Russia to the European Court of Human Rights.
It was to concern “the responsibility of the Russian Federation for human rights violations committed in connection with the aviation incident” on April 10, 2010 in Smolensk and to include, among others, allegations of violation of Art. 2 of the European Convention on Human Rights, which concerns the right to life and “violation of the rights of the families of the victims of this event.”
Every person’s right to life is protected by law. No one may be intentionally deprived of life, except in cases of execution of a court judgment for a crime for which such a penalty is provided by law.
According to the letter, the Subcommittee was to be responsible for providing the evidence and facts necessary to write the complaint. The cost of the service – filing a complaint – which was to be borne by the state budget, was over EUR 213,500, or almost a million zlotys.
Spokesman of the Ministry of Foreign Affairs: shocking case
– The case is outrageous – commented Paweł Wroński, spokesman for the Ministry of Foreign Affairs. – There is also a legal question whether it is possible to conclude this type of contracts with this type of law firm – he added. There is a unit at the Ministry of Foreign Affairs that could prepare such a complaint.
The Ministry of Foreign Affairs spokesman pointed out that “the chances of obtaining a positive result were, even theoretically, minimal.” – For many reasons. Due to errors in the creation of this complaint itself. And the basic problem: Russia is not currently a member of the European Court of Human Rights. She stepped out of it.
This means that Russia is no longer subject to the European Convention on Human Rights, and the ECtHR will no longer accept such complaints from September 16, 2022.
In mid-December, pursuant to two decisions of the new Minister of National Defense, Władysław Kosiniak-Kamysz, the Smolensk Subcommittee, after almost seven years of operation, was liquidated.
Main photo source: Albert Zawada/PAP/EPA