Sunday, December 20, 2015

Using occupational medical service to violate fundamental rights in Poland

LS Borkowski
Release 33, Poland, 14 December 2015
Using occupational medical service to violate civic and human rights in Poland
According to the current Polish Labor Code adopted in 1974, employee returning to work after a medical leave of more than 30 days must submit to a medical examination, which is carried out by an occupational medical service, a separate branch of medical services. The outcome of this examination should be a medical certificate of being either fit or unfit for the particular job. This medical procedure is independent of all the usual medical services normally used by a person on medical leave.
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Full text available at lsborkowski.com/pol/

Full text of the 1974 Labor Code
30 May 1996 Minister of Health ordinance

Saturday, December 19, 2015

Letter of Małgorzata Głuchowska to Polish PM, Nov. 14, 2012

Donald Tusk
Prime Minister
Al. Ujazdowskie 1/3
00-583 Warszawa

Zielona Gora, 14 November 2012

Dear Prime Minister,

I am writing to you again. I am doing this not only in my own name, but also in the name of all those who already have been liquidated by the same methods, as those applied against me.

The context of the matter as well as the action of persons on different steps of the administrative and government ladder indicate that I am persecuted for political reasons. I am a descendant of the true Polish elites. Before WWII my grandmother was a teacher and my grandfather was a graduate of the Wilno conservatory, who fought in the 1939 campaign and was later imprisoned by the Soviet Union in Kozielsk and after the war was again imprisoned by the communist regime imposed by Moscow.

The series of provocations started in September 2011 with an attack of a subordinate, a piano teacher, a protege of the regional supervisor of the Ministry of Culture, and was continued by the representatives of higher levels of the state hierarchy.

I was attacked both as the head of the school's piano section and the head of the school's Parents Council.

I proved that the school director paid for the insurance of school buildings and school property from the funds of the Parents Council, without parents knowledge and without even trying to obtain their approval. In a civilized country the cost of the property insurance is borne by the owner, who in this case is the Minister of Culture and National Heritage. The Ministry decided to suppress the matter and to suppress the psychological violence in an artistic learning institution it supervises.

The insurance was only the tip of the iceberg. Other matters came out that were the result of an incredible failure on the part of the school director.

A decision was made to silence me permanently through an incredible bullying campaign, while various acute forms of ill-treatment continued. In order to mask the process of a systematic liquidation of me as a human being the perpetrators tried to create an impression that this was just a personal conflict first with my subordinate and later with the school director.

The regional supervisor of the Ministry of Culture, Krystyna Karcz, ordered falsification of documents that were supposed to simulate a lawful functioning of the school. However those documents should have been in existence for at least several years. The document dates were fictionally assigned to various dates in the past. The documents manufactured on supervisor's order were examined by several Ministry inspectors. Documents related to the day-to-day functioning of the school were also falsified: meetings minutes, protocols of the school's pedagogical council. Letters expressing various forms of slander against me were fabricated.

Falsified documentation formed the basis for the protocols of two ministerial inspections carried out by the Ministry inspectors, who claimed that my objections were groundless and suggested a personal conflict with the school director instead.

In those cases, where documentation forging was not possible, the Ministry representative prof. Wiktor Jędrzejec pretended to be unable to understand the plain language of charges I had made. This was the case e.g. of the director awarding the Master of Arts title to the person with insufficient education, who could not legally conduct actions where the M.A. title was required. The vaguely formulated ministerial decrees were interpreted by the Ministry representatives in a completely arbitrary manner. For example, the Ministry stated that there is absolutely no problem in introducing new teaching programs in the middle of a schoolyear, just before the mid-year auditions, in violation of the article 22a of the educational system act. Unsigned and undated school documents were treated as legally valid. When I described examples of being persecuted in the period January-March 2012, prof. Wiktor Jędrzejec repeated his mantra that an inspection conducted in December 2011 did not find that I was being victimized.

Having reached the limits of my endurance, I went to the local prosecutor office. I delivered my deposition twice, relating facts supported by material evidence. The first hearing was uneventful, although some disconcerting signals were evident: the prosecutor tried to persuade me to change my testimony. The hearing with the second prosecutor, who took the matter over from the first one, was a very traumatic experience, whose aim was obviously to discourage me from further contacts with the prosecutor office. The prosecutor was arrogant and hostile. He kept interrupting my story, trying to prevent me from formulating orderly, rational and clear sentences. He treated me as if I was the villain and not the person seeking justice and informing about violations of law. Eventually prosecutor Paweł Sawicki falsified my testimony. He "investigated" the matter under charges that I had not made. He completely ignored the bullying campaign conducted against me in my workplace. In February 2012 he closed the matter deciding not to open any proceedings.

When on 6 March 2012 I personally delivered an extensive documentation to the Ministry of Culture in Warsaw, I was immediately fired from the position of head of the piano section. To this day I have not received any justification for the firing. Lack of such justification violates article 39a of the Education System Act in a most obvious way.

I spoke to eight different lawyers. They all said I stood no chance of winning against the authorities, while at the same time I would most probably be fired from the school altogether.

In September and October 2012 I sent the Minister of Culture Bogdan Zdrojewski additional proofs of lies and falsifications of people engaged in this extraordinary matter. The documents implicated the participation of prof. Wiktor Jędrzejec from the Department of Artistic Schools and Cultural Education of the Ministry of Culture.

My correspondence addressed to the Minister for direct personal delivery was sent back to me unopened.

I am including my two last letters to the Ministry, dated 7 September 2012 and 5 October 2012.

Prof. Wiktor Jędrzejec responded to both of them in a letter of 8 October 2012, mailed from Warsaw on 17 October 2012, in the following way:
It is aimless to try to investigate the matters which you specified in attachments 1, 2, and 3 to your letter of 7 September 2012, to which you already received replies in letters mentioned in point 4 above. These replies were based on the findings of two investigative proceedings, carried out by the inspectors of the Ministry on 19-20 December 2011 and on 3-4 April 2012. Thus, in accordance with the article 239 paragraph 1 of the Code of Administrative Procedure, the Department of Artistic Schools and Cultural Education upholds the replies given in earlier letters to you (see letter of 8 October 2012 DEK/3917/12).

The yellow postal card which serves as the confirmation of delivery contained no name of the sender of this ministerial letter. That side of the card remained empty. I am mentioning this because during the previous year the correspondence between me and the Ministry encountered several problems. One of the letters sent to me by the regional inspector of the Ministry in Zielona Gora in December 2011 took nine days to arrive to Zielona Gora (i.e. it took nine days for the letter to travel several hundred meters).

Falsification of documents continues to this day. Illegal acts, falsehoods, lies cannot be hidden by simply putting documents into an archive and closing the school year. Quite obviously the Ministry inspections were not meant to change anything in the Zielona Gora state music school but to provide an excuse for delivery of both social and mental death to me.

I am still forced by the director to break the law under the threat of being fired.

As a result of psychological violence my health suffered very significantly. I used to be a specimen of a healthy human being, but since October 2011 I was not able to survive a day without sedatives. I was constantly in touch with the doctors who tried to identify the reason for this radical collapse. I breathed with difficulty. I had uncontrolled bouts of coughing that prevented me from normal functioning and communicating with people around me. After cardiological and laryngological tests it was clear that deteriorated health was caused by extreme stress. Since the persecution and bullying continued, despite the fact that I informed about it the Ministry inspectors, department directors at the Ministry, the primary care physician suggested a visit to a psychiatrist. An advice of a supposedly leading specialist was limited to a cynical statement, that this is what you usually get "when you stand up against those in power". He prescribed psychotropic pills which quickly lead to addiction. I will never forget the time when I was getting up in the morning with tears in my eyes, dreaming of this bestiality to end. I persevered thanks to my family's support. If I were a single person, I would certainly not be among the living anymore.

So what do you say to this, Mr. Prime Minister? In whose name, on whose orders the manhunt for Malgorzata Gluchowska was issued? I ask you for a full detailed reply.

My experience, backed up by material proofs and extensive documentation enable me to formulate the following statement: The effort of the authorities on different levels of the state ladder is focused on proving that the persecuted person has no argument, that the perpetrators are right. This state apparatus confirms and upholds all the illegal acts at the lower rungs of the hierarchy. Each little cog of this evil machinery remains in place, happily doing what is expected of him/her. The victim is treated as an outlaw. The criminal apparatus, hiding under the cover of state authorities conducts a regular manhunt for any citizen who was brave enough to try to use laws theoretically guaranteed by the constitution and other legal acts.

This same state apparatus suddenly becomes incompetent when state constitution, law, decency and common sense should be applied, when human dignity and human rights must be respected. At that very moment this apparatus suddenly becomes extremely powerless and unable to carry out even the most obvious and simple actions. Clearly it is not legal acts and not the constitution that form the axis, around which the activity of this apparatus is organized.

My case is representative for a wider phenomenon, which is a planned extermination of the Polish elites. This process is based on the following elements,

(1) systematic blocking of careers of ambitious independent individuals, talented and willing to engage in social activities,

(2) theft of intellectual property,

(3) provocation, slander, smear aimed at destroying emotional stability and public image of the attacked persons,

(4) liquidation by all available means of the social capital possessed by such person. These activities follow carefully designed scenarios.

This specific know-how of liquidating individuals was developed under the communist dictatorship. For example in the German Democratic Republic the Stasi secret police ran carefully prepared and scripted campaigns against oponents of the communist dictatorship, aiming at destroying their psyche and destroying them as social beings. The program was called Die Zersetzung. The Polish communist regime used similar methods. The writer Stanislaw Mackiewicz described in his book Russian Minds in Fetters (Myśl w obcęgach, 1929) the process of liquidating people designated by the Bolsheviks as outcasts (so-called lishentsi) in the Soviet Union. Similar phenomena and similar methods are at the core of the criminal activities with which we are dealing in Poland today.

The aim is still the same. To liquidate anyone, who is says "no" to breaking of the most elementary constitutional rights and rules of common decency by the authorities.

I can testify in front of parliamentary commissions to tell the story of my fight for truth
and teacher's dignity, while being at the same time an ordinary woman, wife and mother. Let us look closely at the methods that transformed a happy, lively woman into a wrecked human being in the period of several months. I have plenty to speak about. I hope that neither you nor Sejm (i.e. Polish "parliament") will evade the problem presented here.

My good name and my reputation are among my most precious possessions and I insist on explaining this whole shameful provocation. This should be done also in the interest of the entire country, because my case is not the only one.

I expect from you, Mr. Prime Minister, an answer to this letter. During the whole year of my fight for dignity and truth no one from the Ministry of Culture expressed even the slightest inkling for a direct contact with me. Minister Zdrojewski is silent. In response to my letters to the Prime Minister I received a reply in a typical bureaucratese that "the letter was handed over to an appropriate office for a review and reponse". Mr. Prime Minister, I already have gone all the way through the lower instances. I already know extremely well how the Polish state non-functions. I am writing to you personally, so that you do not hand over the letter to some other office. Letters addressed to the Prime Minister are letters addressed exactly to the Prime Minister, not to someone in one of the ministries. I would not try to absorb the attention of your office if the state apparatus had been doing its job. However, because I was persecuted and the very same state apparatus fully approved this, including the Ministry of Culture and National Heritage, my letters to you should not be sent back to the Ministry of Culture. You are the addressee of this letter, Mr. Prime Minister. I hope you will not refrain from answering my letter.

Yours sincerely,

Małgorzata Głuchowska
Piano teacher of the 1st and the 2nd level school of music in Zielona Gora

Monday, December 7, 2015

Red Army Choir on tour in Poland 2015

Russian Red Army Choir 2015 tour in Poland. Dates, cities and venues.

November 19 Warszawa TORWAR, ul. Łazienkowska 6a, 7 pm
November 20 Białystok Lodowisko BOSIR, ul. 11 Listopada 28,7 pm
November 21 Łódź Atlas Arena, ul. Bandurskiego 7, 6 pm
November 22 Płock ORLEN Arena, Plac Celebry Papieskiej 1, 6 pm
November 23 Bydgoszcz Hala Sportowo Widowiskowa Łuczniczka, ul. Toruńska 59, 7 pm
November 24 Elbląg Centrum Sportowo Biznesowe, ul. Grunwaldzka 135, 7 pm
November 25 Gdynia Arena, ul. Kazimierza Górskiego 8, 7 pm
November 26 Szczecin Hala Widowiskowo Sportowa Azoty Arena, ul. Szafera 3/5/7, 7 pm
November 28 Jastrzębie Zdrój Hala Widowiskowo Sportowa, ul. Jana Pawła II 6, 6 pm
November 29 Wałbrzych Hala Widowiskowo Sportowa Aqua Zdrój, ul. Ratuszowa 6, 6 pm
November 30 Zabrze Dom Muzyki i Tańca, ul. Gen. De Gaulle'a 17, 7 pm
December 1 Kraków Centrum Kongresowe, ul. M. Konopnickiej 17, 7 pm
December 2 Lubin Hala Widowiskowo Sportowa RCS, ul. Odrodzenia 28B, 7 pm

There were many similar tours of the choir in recent years. Recurring choir tours are not merely a curiosity. It is a strong political statement overriding official deceptive statements about Poland.