Open letter of persecuted Pole – Jack Porosa

Action against the actions of Prosecutor Dorota L. of the territory Prosecutor's Office in Łomża

Porosa Jacek – Chief Editor
Independent Media Podlasie
mail: editor@independentmediapodlasia.pl

To: Regional Prosecutor's Office in Białystok
Textile 32, 15-464 Białystok

File reference: 4010-0.Ds.****.2024

Action against the actions of Prosecutor Dorota L.

I make a formal complaint in the form of an open letter as a citizen journalist, in the social and public interest. I ask you to examine the case and conduct proceedings in accordance with Article 304 §1 of the Code of Conduct for the activities of the Prosecutor of Dorota L. from the territory Prosecutor's Office in Łomża, who conducts proceedings with a signature of 4010-0.Ds.**.2024. I object to gross misconduct in the conduct of investigations, violation of the rule of objectivity (Article 4 of the Code), incorrect qualification of the parties to the proceedings, ignoring evidence indicating a message of untruth by the notifier, as well as a deficiency of justification for the conduct of the case by a regional unit distant from the suspect's residence by nearly 80 km.

Noticed irregularities or negligence are:

Recognising Natalia L. as injured without factual or legal grounds.
In the case file there are 2 reports of crime – 1 by Konrad Dulkowski (President of OMZRIK) of March 15, 2022, the another allegedly by Natalia L. of May 22, 2022. The content of the 2 papers is identical, only the data of the notifier differ, suggesting that Natalia L.

2. Privileged treatment of Konrad Dulkowski.

Prosecutor Dorota L.:

– has given Konrad Dulkowski the position of ‘injured’, although he does not fulfil the conditions set out in Article 49 of the Code,
– gives him information on the course of proceedings and allows access to files, which violates the provisions of Article 156(5) of the Code concerning the secrecy of the investigation.

Such actions consequence in the annulment of procedural acts and rise doubts as to the impartiality of the prosecutor

3. The authoritative note states that:

– Natalia L. never stayed in Łomża, even though she indicated in the announcement this city as the site of alleged crime detection. She admitted this during a telephone interview by a police officer.
– the paper of the notification on its behalf was drawn up or prepared for signature by its employer president OMZRIK – Konrad Dulkowski,
– after the end of cooperation with OMZRIK Natalia L. stated that she had no grudge against my person, that she wanted to retreat from the message of untruth in papers of legal value and striking straight at me – editor of Independent Media Podlasy.

These circumstances point to a possible message of untruth and notification under the influence of duty.

4. Invalid division of the investigation

The investigation by the territory Prosecutor's Office in Łomża, which is about 80 km from the place of residence of the suspected person, is unjustified. There is no rational link between the case and the area of action of that prosecutor, which leads to a breach of the principles laid down in Articles 27(1) and 32(1) of the Code. The alleged crime is an entry on the Internet, so doing an investigation in Łomża erstwhile 2 alerters live and work in Warsaw and the fishy in Białystok is not justified.

Such choice of unit:
– hinders real contact with a defender appointed in Łomża,
– restricts access to the case file,
– hinders the exercise of the rights of defence (Articles 6 and 42(2) of the Polish Constitution).

Such a far-reaching region can be perceived as a deliberate and targeted regulation of a fishy organization in the exercise of its procedural rights.

5. Doubts as to impartiality and possible conflict of interest

Despite erstwhile notifications of irregularities, the case was not effectively supervised by the superior body. Meanwhile, D.A. Dorota L., who led this investigation, advanced to the position of Deputy territory lawyer in Łomża during the proceedings. specified a change in the business situation may lead to a conflict of interest, especially if its activities are to be controlled by an entity which is presently co-founded by staff. Therefore, the case cannot (as previously) be recognised by the territory Attorney's Office in Łomża.

In addition, there are serious doubts in the background about the independency and ideological neutrality of the proceedings. The current lawyer General Adam Bodnar – who oversees the full territory of prosecutors – in the past, as the Ombudsman, has publically initiated actions aimed at penalising the alleged hatred speech against national minorities. The present case concerns the allegation of alleged insulting a individual of Ukrainian origin, which, in the light of Adam Bodnar's erstwhile involvement, gives emergence to a real hazard of instrumental usage of criminal rules to implement a circumstantial ideological agenda.

Importantly, Adam Bodnar himself owns Ukrainian origins, as he informed the public. This fact, combined with its earlier engagement in the protection of national minorities, gives emergence to a reasonable suspicion that it can accomplish not only business objectives but besides individual or cultural priorities in this case by insisting on prosecutors in the country with demands for effective and advanced criminal record, regardless of facts.

In view of the above, we cannot regulation out that pressures have been exerted, precisely on the prosecutor leading Dorothy L, by the individual of lawyer General Adam Bodnar or those working closely with him. There is simply a request to measure external impartiality of law enforcement.

In view of the above, there is simply a request for a non-personally related entity to take over the case with the current management of the territory Prosecutor's Office in Łomża and independent of the influence of lawyer General Adam Bodnar.

5. The function of the OMZRIK and their (Konrad Dulkowski, Rafał Gawel) impact on the investigation

A non-governmental organization called OMZRIK (A Monitoring Centre for Racist and Xenophobic Behavioral Behaviour) formally represented by Konrad Dulkowski, who does not hide his good contacts with lawyer General Adam Bodnar, plays an crucial function in the preparatory procedure. Konrad Dulkowski and Rafał Gawel, were invited by Adam Bodnar in 2015 (now Gawel had criminal charges) to a gathering on hatred speech – "A circular table for combating hatred speech on the Internet", and they are most likely working together today.

The OMZRIK organization, although declared to be a civic centre monitoring the manifestations of hatred, is de facto linked to the individual of Rafał Piotr Gawł – its founder, who was sentenced to 2 years in prison for economical crimes and is presently wanted for a BOLO. Despite this, the organisation is inactive functioning and its representatives – in peculiar Konrad Dulkowski – gain access to the files of cases covered by the mystery of the investigation, are informed of the state of proceedings and even act as quasi-public prosecutors.

In the light of the aforementioned representatives of the OMZRIK, an investigation is under way:

Counterfeiting bills and documents. Prosecution charges for Rafał Gawł, Konrad Dulkowski and Ewelina G. in case PO II Ds. 5.2016

[...Rafal G. and Evelina G. were presented with a plea in law for counterfeiting on 1 March 2007 together and in agreement of a paper authorising the receipt of a monetary sum in the form of a bill drawn up in the framework of the conclusion of 1 of the business contracts, the corporate name of the parent of Rafał G., and then the falsification of specified a bill in circulation, i.e. an act with Article 310 § 1 k.k.

This note secured a debt of over PLN 100,000.

This crime is simply a crime threatened with imprisonment from 5 years or 25 years imprisonment...]

Rafał G. and Konrad D. were accused that between October 10, 2010 and January 31, 2011 in Białystok, they jointly and in agreement extorted a message of untruth in the entry in the National Court registry and a certificate of misleading the public officer – a referendar of the territory Court of Białystok XII The economical Division of the National Court registry on the reliability and authenticity of the papers underlying that alert, while the minutes of the general meetings of members The associations drawn up by suspects were unreliable and the papers in the form of lists of founding members Associations present at the meetings and the statutes of the Association which the suspects submitted to the Court for registration of the Association were counterfeit. This act is qualified as Article 270(1) of the Act in conjunction with Article 272 of the Act in conjunction with Article 12 of the Act. It is punishable by fines, restrictions on freedom or imprisonment from 3 months to 5 years.

Furthermore, Rafał G. and Konrad G. were accused that between 26 March 2013 and 29 April 2013 in Białystok, they jointly and in agreement extorted a message of untruth in the entry in the National Court registry and a message of entry by a sneaky misleading public officer – a referee of the territory Court of Białystok XII economical Division of the National Court registry on the reliability and authenticity of the papers on which that alert is based, while the minutes of the general gathering of members The associations of 26 March 2013 drawn up by the suspects were unreliable and did not reflect the reality, and the papers submitted to the Court by the suspects in the form of an application and its annexes were forged, i.e. for an action under Article 270(1) of the Code of Art. 272 k.k. in conjunction with Article 12 of the Code of Conduct.

Source: Morning Courier
The scale of pathology in the structures of law enforcement and justice is perfectly illustrated by the stenogram below of the Committee on National and cultural Minorities, held under the chairmanship of Mr Mark Asta (PiS). Title of the document: ‘Information on the activities of the Polish prosecutor in the prosecution of nationalist activities’. Around the mediate of the 4th page begins with a message by Śmiszek, in which he gives information about the creation of 105 peculiar prosecutors in the justice system, who are seconded to harass Polish patriotic communities (the alleged "nationalists"):

[...Procurator Andrzej Seremet, then the lawyer General, appointed 105 specialised prosecutors whose task was to conduct specialized proceedings. The decision to appoint specialised units in the D.A.'s office besides served to identify a group of prosecutors who would specialize in this, to rise their competence, who would be delicate to these issues. The point was that they would besides have expertise and expertise in addressing different sources, in order to prosecute professionally and effectively first and then formulate indictments in situations that would require it. Indeed, in the first fewer years it was. The Polish state has invested a lot in these prosecutors. They received appropriate training and were besides appointed at the higher levels of the D.A. by appropriate consultants who verified or co-operated in the proceedings and supervised them. A strategy of periodic case analysis was besides implemented. It could be said that this was the beginning of building on the side of the prosecutor's professional countermeasure strategy and effectively combating besides nationalist movements...]
Source: https://orka.sejm.gov.pl/writes9.nsf/0/C8117B96203FDE0FC12586B7003E89CE/%24File/0112609.pdf

This state of affairs is profoundly afraid about the transparency and independency of law enforcement, peculiarly in the light of the fact that persons representing the OMZRIK:

– they are not direct victims,

– are linked to a individual convicted and absolved from the execution of the penalty,

– they carry out media activities specified as intimidation and stigmatisation of judges and prosecutors who are reluctant to cooperate with them, which may be of a law-abiding nature,

– they make procedural documentation, which later goes into the file of proceedings as evidence and opinion it themselves in the course of criminal proceedings initiated by them.

It is peculiarly crucial to note that the OMZRIK and its representatives have been active in the past in campaigning and in public attempts to influence circumstantial criminal cases, which gives emergence to a legitimate concern that akin instrumentalisation of the criminal law rules is taking place in this proceeding, as my erstwhile study of the abovementioned irregularities was disregarded by the prosecution.

All the above information, together with the dossier on Rafał Gawł and the OMZRIK activities, is available to the public, including at: https://sites.google.com/view/omzrik/main page

It is so essential to verify whether the activities of the OMZRIK representatives in cooperation with Prosecutor Dorothy L. do not go beyond the legal framework permitted and whether there is any informal impact of that organisation on the course of the proceedings, as well as whether there is simply a situation in which 3rd parties – unauthorised persons – gain access to the file, information and whether they have no influence on the course of the proceedings.

This is crucial in the broad public interest, due to the fact that there are hundreds of specified matters throughout Poland. OMZRIK representatives themselves boast that they initiate about 500 notifications a year, of which only a twelve are the subject of prosecutorial proceedings. The scale of human harm can be enormous.



I so propose:
1. Conduct of interior review of the procedural activities of Prosecutor Dorota L.;
2. Examination of the breach of rights and of the rule of objectivity;
3. Verification of whether the announcement of Natalia L. was not submitted under force or based on falsified data;
4. Assessment of the correctness of the designation of the territory Prosecutor's Office in Łomża as an investigating unit;
5. In case of confirmation of irregularities, transfer of the case to the local prosecutor's office or complete change of the driving unit;
6. guarantee independent case supervision and inform me in writing of the result of the investigation.

I request that the Regional Prosecutor's Office in Białystok be subject to peculiar supervision of this procedure in order to guarantee its impartiality, reliability and compliance with the applicable law. This is done in the form of an open letter for fear of life, due to the fact that my inquiries have been met with a deficiency of interest in law enforcement, and attempts to intimidate, sensitivities, insults by Konrad Dulkowski through their Facebook fanpage, where threats happen from 3rd parties. In addition, the prosecutor's office in Łomża is trying to make me crazy by inserting me into a intellectual infirmary into a closed ward, in order to supposedly examine my sanity, which is simply a threat to my life and health, due to the fact that for many years I have been announcing the problem of "Psychość" which has not ceased to be with the People's Poland, and has gained momentum and is inactive being utilized by state authorities on people who are not correct (different) politically.

Sincerely,
editor-in-chief
JACEK
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Journalist supplement J. Porosa: