Free Tomek

national | miscellaneous | news report Monday July 01, 2002 21:56 by Injustice - Anarchist Legal Defence Group

Polish anarchist needs your help!

FREE TOMEK -Anti-Fascist Prisoner in Poland

TOMEK WILKOSZEWSKI was jailed in March 1996. He’s been deprived of his freedom for more than six years. According to the verdict of the local court he must spend nine 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 high school. 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 were trying to rule the town. The assaults were daily occurrences 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 was to happen 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 judicial 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 publicized 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 bureaucratic 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