The editors of Nowiny Wschodnie publish below the full text of the statement of the legal representative of the mother of the injured minor, provided for publication by the author.
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The text presented is individual position of the legal representative and refers to the announcement issued by the City Hall in Słupsk regarding the matter in which criminal proceedings are underway. The publication aims to presenting the position of one of the parties and enabling the public to become familiar with the legal arguments regarding the actions of public administration bodies. (ed.)
“Acting as the attorney for the mother of the injured minor student, I strongly object to the content and form of the statement presented by the Słupsk City Hall, which in an unacceptable manner prejudges key factual and evidentiary issues, despite the fact that criminal proceedings are ongoing in the case.
First, it should be noted that the public administration body grossly exceeded its authority. Relying solely on the explanations provided by the director of the Complex of Construction and Continuing Education Schools in Słupsk, the City Hall made a clear and categorical assessment of the evidence, including:
considered the audio recordings to be “manipulated”,
accepted the version of events of one side of the conflict,
de facto excluded the teacher’s responsibility,
determined the course of the fight and the roles of its participants.
Such actions violate the principle of objectivity arising from Article 7 and Article 77 § 1 of the Code of Administrative Procedure, according to which the authority is obliged to comprehensively and reliably explain the factual circumstances, and not selectively accept the claims of one party.
Importantly, none of the City Hall employees interviewed the parents of the minors or the minors themselves, which clearly indicates that the findings made in the announcement are not based on full evidence.
Additionally, it should be noted that the school unlawfully refused to allow a social organization – the Above Divisions Foundation – to participate in the case, even though the subject matter of the case concerns the protection of minors’ rights and counteracting discrimination. This action is contrary to Article 31 § 1 of the Code of Administrative Procedure, which permits the participation of social organizations if it serves a public interest. These circumstances demonstrate the unfair and biased handling of the case.
Such action also constitutes interference with the powers of law enforcement agencies and the courts. Pursuant to Article 7 of the Constitution of the Republic of Poland, public authorities operate on the basis of, and within the limits of, the law, and the evaluation of evidence, determining its authenticity, and determining criminal liability rests solely with the prosecutor’s office and the court.
Meanwhile, preparatory proceedings are underway in the case, including:
assessment of the authenticity and integrity of audio recordings,
analysis of the course of events in terms of violent crimes,
assessment of possible discriminatory or nationally motivated acts,
responsibility of adults holding public offices.
In accordance with the principle of legality and established case law, a public administration body is not authorized to determine whether a recording was manipulated or who is at fault. These are determinations reserved exclusively for criminal proceedings, after conducting a full evidentiary hearing, including specialized examination of the recordings’ authenticity.
In the light of administrative law standards, if the resolution of an administrative case depends on the outcome of criminal proceedings, the so-called preliminary issue, the authority should refrain from formulating categorical assessments, and in certain situations even suspend its activities in accordance with Article 97 § 1 item 4 of the Code of Administrative Procedure.
Despite the clear legal framework, the City Hall’s announcement publicly “resolved” the criminal case before the body appointed to do so.
Taking into account the standards of protection of minors and the overriding principle of the best interests of the child (Article 72 of the Constitution, Convention on the Rights of the Child), it should be pointed out that in matters concerning minors, physical violence and potential discriminatory behaviour, particular caution and moderation are required, in particular with regard to:
announcements from public authorities,
media narrative,
formulating personnel assessments.
Instead of a neutral position, a one-sided version has been presented, which may influence the course of the proceedings and the procedural situation of the injured parties. Furthermore, it leads to secondary victimization of minors by portraying them as manipulating recordings, behaving inappropriately, or provoking events.
In connection with the above, as your representative, I hereby announce:
Appeal to the authorities superior to the City Hall in Słupsk to examine the legality and justification of the actions taken and public communication.
Providing free legal assistance to the mother of an injured minor in criminal proceedings.
Informing central institutions responsible for protecting children’s rights and counteracting discrimination.
Taking further legal steps in the event of further interference by administrative bodies in independent criminal proceedings.
At the same time, I would like to point out that I am in constant contact with the consular offices of Ukraine in order to ensure the protection of the rights of injured children.
The rule of law does not mean that criminal cases are resolved through unreliable official pronouncements that harm the well-being of minors. That’s the responsibility of the prosecutor’s office and the courts – not city hall or school administration. Therefore, I consider my intervention necessary and fully justified.
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