2025-06-14 19:00
publication
2025-06-14 19:00
On June 10, the appeal trial in the case of compensation for relatives for the death of an independence underground soldier, murdered or died as a result of brutal interrogations in 1945, in the UB in Sokółka (Podlasie) ended in the case of the Court of Appeal in Bialystok.
The District Court in Bialystok unlawfully awarded two children of this man of 150,000 PLN such compensation; Their representative demands PLN 2 million. The verdict is to be announced in two weeks.
The basis for applying for such compensation is the so -called The February Act, i.e. the provisions of 1991 on recognition as invalid judgments issued against persons repressed for activities for the independent existence of the Polish state.
The applicants' father operated in the Sokol District of the Home Army, after the war he did not lay down their arms, he lived in one of the villages near Sokółka. In May 1945, he was detained as a suspect in the organization of the reflection of prisoners from the detention office of the Security Office in Sokółka. According to the witness, he was brutally beaten during the detention, he was also tortured and beaten for several days of interrogation. Ultimately, it is not known whether on May 27, 1945 he died of injuries or was shot; The body has not been found until today.
In the trial for compensation from you, two living children submitted applications; The man had a wife and nine children. Applicants demand PLN 2 million in compensation. In December last year, the first instance court granted the applicants to 150,000 PLN with interest, dismissed the applications in the remaining scope.
The District Court adopted such an interpretation of the so -called The February Act, according to which the wife and all children had a claim for compensation, so the amount that would belong to the deceased's relatives should be divided by ten, with the assumption that in the case of dead people the claim expired at their death (unless the application was submitted before they died).
In the opinion of the applicants' representative, this is a wrong interpretation, and the claim should be granted to applicants in full. The amount of 150 thousand He considers to be low and inappropriate to the extent of the harm suffered by their father and his death as a consequence of prohibited investigators.
As Łukasz Mazurek said in his speech before the appeal court, the District Court misinterpreted the Supreme Court resolution regarding the provisions of the February Act. He also reminded that the claim resulting from these provisions could not be inherited, i.e. it is not part of the estate and – in this case – the repressed grandchildren cannot apply for compensation from the State Treasury as part of the claim of their dead parents.
The prosecutor's office wants to dismiss this appeal. In her opinion, the first instance correctly assessed the legal status, and the awarded amount (PLN 1.5 million per ten people) is appropriate. (PAP)
ROF/ ASZW/
