Poland, 1983, January, Committee in Support of Solidarity Report No. 10-11

Committee in Support of Solidarity Reports
Issue No. 10 and 11
January 24, 1983

In This Issue

From the Editor page 1

The Spoils of War page 2

Official Statistics on Solidarity's Resistance and Repression

The Institutionalization of Martial Law page 3

If Martial Law was suspended, why do so many laws incorporate the same repressive measures?

Who Is Supposed to Show Repentance? page 7

Ewa Kubasiewicz, sentenced to ten years, asks why the Minister of Justice wants her to ask forgiveness.

From the Underground page 9

Solidarity's Underground Press reports how the resistance is continuing and what the regime is doing to try to crush it...unsuccessfully.

Why Was Walesa Freed? page 12

B.K. in Tygodnik Wojenny analyzes what the authorities hoped to gain and what the Solidarity movement should expect.

Frasyniuk On Trial page 14

How Communists Organize Unions page 17

The regime wants to organize unions; the Solidarity press explains how.

"Our Battle Continues" page 21

Wroclaw Solidarity leaders appeal to union members.

The Trials Continue page 22

The Charges Against KOR page 23

What Happened in Lubin: An Unauthorized Account page 24

Wojciech Markiewicz, a journalist for the official organ Polityka, reported the facts of the murders in Lubin August 31. Polityka rejected the story, but Tygodnik Mazowsze printed it instead.

The Homily of Bishop Tokarczuk page 30

These items are the most recent that the Committee in Support of Solidarity has published through the date of this report.

For back reports, contact the Committee, specifying dates, titles, or subjects if possible.

To regularly receive Committee in Support of Solidarity REPORTS, please write to the address below. Donations to cover the cost of preparing and mailing these reports are appreciated.

275 Seventh Avenue, 25th Floor, New York, N.Y. 10001

(212) 989-0909

The Committee in Support of Solidarity, based in New York, organizes efforts on behalf of the Solidarity movement in Poland and for general human rights for the Polish people.

One of the Committee's most important activities is to report information about the situation in Poland, which is gathered from underground Solidarity publications in Poland; the official Polish press; interviews with Polish citizens and foreign travelers who have been allowed to leave Poland; and Solidarity sources in Poland and in Europe.

The Committee in Support of Solidarity makes this information available in regular reports appearing weekly or biweekly, including press advisories and Polish-language bulletins; in editions of a quarterly journal, the Solidarnosc Bulletin; and in special reports describing and analyzing different aspects of the situation in Poland.

The Committee also:

* provides spokesmen to the press, television, and radio, and to meetings and seminars of colleges, unions, and community groups;

* maintains lists of the interned and arrested in Poland;

* advises humanitarian organizations on aiding the Polish people;

* advises private and official human rights organizations about the situation in Poland;

* prepares and delivers briefs and other testimony on the situation in Poland to the government and the Congress of the United States and to international bodies and private institutions;

* maintains public attention on the Polish situation through the sales of "Solidarnosc" T-shirts, stickers, and posters.

To get in touch with the Committee in Support of Solidarity about helping in its work, or with questions, information, or donations, please write: The Committee in Support of Solidarity

Twenty-fifth floor

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or telephone (212) 989-0909. The press can call (212) 929-6966.

page 1

[From the Editor: This is a combined issue of Committee in Support of Solidarity REPORTS Nos. 10 and 11. We have attempted to provide as comprehensive information as possible both on the tactics and practise of the Solidarity movement's resistance and on the increased measures of repression instituted into Poland's legal statutes by the Parliament and practised by Poland's security forces.

It should be emphasized that one year after martial law, the Solidarity movement is not defeated. As articles enclosed indicate and as those who have recently come from Poland inform us, the Solidarity movement is still a broad based movement, supported by the vast majority of the Polish people, with tens of thousands of activists. For example:

-- It is widespread practise to pay dues to underground union structures, which are established at almost all of Poland's workplaces. (The union dues have been voluntarily increased to twice that of Solidarity's before the imposition of martial law, which were one percent and are now two percent of a worker's wages.)

-- Four hundred titles of underground publications have reached the West, a proportion of the actual number printed in Poland over the last year. Some have circulations of ten to thirty thousand.

-- Radio Solidarity has now broadcast in twelve to fourteen regions.

-- Numerous independent resistance groups have arisen since November 10, that is since the failure of a general strike to successfully pressure the authorities to a genuine compromise.

At the same time, the repression of the communist regime has increased, not decreased, indicating both that the level of resistance has not diminished and that previous means of repression have not succeeded in controlling the society. We publish in this issue a comprehensive analysis of the new laws that have been passed during the last year, in particular, the bill that allowed the Council of State to "suspend" martial law but also incorporate into civilian rule almost all of martial law's significant decrees controlling the lives of the Polish people. The regime, starting in early November in order to crush the general strike called for on the tenth of that month, and continuing throughout December and January, has begun using new tactics of repression. Most disturbing are the reports that workers are being arbitrarily conscripted into military service and sent to special camps where they are guarded by the secret police. (See "From the Underground" page 10).]

page 2

THE SPOILS OF WAR

Official Statistics on the Resistance of the Solidarity Movement

On December 11, 1982, the vice-premier of the Ministry of Internal Affairs, Mr. Stachura, reported to the Sejm (Parliament) on the activities of the security forces and what it had achieved during the year of martial law in Poland. His speech was reported in Le Monde.

The figures that Stachura gives are, of course, not reliable. However, they do indicate a surprisingly high level of resistance activity of the Solidarity movement.

Stachura, in his report, stated that the Ministry of Internal Affairs had confiscated in searches and raids:

* 340,000 "illegal publications;"

* 3,200,000 "illegal" leaflets;

* 4,000 posters;

* 11 radio stations

* 360 printing presses

* 468 typewriters;

In addition, the Ministry "liquidated" 677 "conspiratorial groups"; it arrested 3,616 people; tried 2,322; and interned 10,131. Fifteen were killed and 991 wounded. (It is not clear whether he includes members of the security forces for those wounded.)

The numbers given for those arrested and interned are much below those estimated by Church and Solidarity sources, who compile lists of arrested, sentenced, and interned in order to aid political prisoners and their families. The Episcopate in October estimated that 5,000 people were in Poland's jails, that is before the sweeps in early November and throughout November and December. Solidarity underground sources put the figure at 7,000 as of October. Although many efforts are extended to gather lists of political prisoners and their families, it is almost impossible to determine the actual number. However, even after the release of a few hundred of those who had been kept in internment, a separate category of detention without charges, it is clear that at least between five to ten thousand are imprisoned, although the figure could even be higher after the last three months of arrests. (See also page 13 for documentation of thirty five people killed by the army and police in the last year.)

It should be noted that the printing presses confiscated were often times those owned by the government itself, in staged raids by the security forces to make it appear that those who engaged in such activities would be caught.

Even the volume of the Ministry's confiscations, however, do not reflect the actual level of resistance. There are for example many more printing presses available for underground publications, given the current level of publication, which numbers at least four hundred titles. (Numerous times over the past year, an official publication would report the raid on an underground publication operation yet in a matter of days editors and printing presses or mimeograph machines would be replaced.)

page 3

THE INSTITUTIONALIZATION OF MARTIAL LAW

The Sejm, the Polish Parliament whose deputies are nominated by the state-party apparatus, passed legislation on December 18, 1981 that would allow the Council of State--which imposed martial law in contradiction to the Constitution of the Polish People's Republic--to "suspend" some of the provisions of martial law while incorporating many of the repressive decrees of martial law into Poland's legal statutes. (The Council of State was also given the power to reimpose martial law--in Polish "state of war"--at any time and in any province deemed necessary, although the Constitution stipulates that the Parliament itself is given such powers when it is in session as it was when the state of war was imposed. A state of war in the Polish Constitution is to be instituted in the event of a direct threat against Poland's boundaries.)

Almost all the significant restrictions imposed one year ago have been codified into Poland's legal statutes in this legislation. In addition, throughout the one year the state of war has been in force in Poland, the communist-military regime has introduced measures into the legal statutes of the Polish People's Republic that would ensure that the communist regime would maintain its total control over the Polish people. Those passed by the Sejm include Bills on Censorship, Self-Management at Enterprises, Public Security in Places of Higher Education, on Culture, on Governing Trade Unions (which outlawed the duly registered free trade union, Solidarity), on "Notorious Job Shirkers" (otherwise known as the Parasite Law), along with bills dealing with "juvenile delinquents," and "alcoholism," among others. A total of 150 bills were passed by the Sejm in its fall session alone.

The following are details of the most important laws that have been adopted by the Sejm at the initiative of the Military Council for National Salvation, the junta established by General Jaruzelski to institute martial law:

I) The Special Emergency Powers Act

a) The security forces under the jurisdiction of the Ministry of Internal Affairs and the Ministry of Defense retain their extraordinary powers of arrest without evidence for acts violating public security and order (including the possession of a leaflet, for example), the powers of arbitrary searches and seizures, as well as the right to use live ammunition at their discretion.

b) The right of habeas corpus stipulated in the Polish Constitution, which requires charges to be made within forty-eight hours of arrest, is suspended, as it was according to a decree of the Ministry of Justice during martial law. Investigative arrest can be maintained for periods of three months at a time, to be renewed by an order of the Public Prosecutor or the Justice Minister. (Previously, prisoners had the right to petition for release, however the law now allows prisoners to be prevented from seeing a defense lawyer, who would have to properly submit such a petition in court.)

c) Military Courts, established to try civil procedures under martial law, maintain jurisdiction over all cases that involve "Public safety, order, or national security," "crimes against life or property," or crimes against the "universal duty to defend the state." There is no right of appeal of a sentence handed down by a military court.

d) Any proceedings that have been initiated against individuals based on violations of martial law decrees shall be fully investigated and prosecuted and sentences meted out by military and civilian courts as stipulated in the law.

e) The law stipulates that charges brought against an individual can be delivered orally to the prisoner and do not have to be handed down in written form. Thus the defendant has no rights to properly prepare his own defense.

f) The increased penalties instituted by decrees of the Military Council for National Salvation or various Ministries during the period of martial law remain in place. Sentences for "minor" charges were regularly extended one to two years, While "major" crimes were extended five years. Possession of a leaflet, for example, is now subject to five years' imprisonment.

g) The militarization of mines, shipyards, steelworks, transport enterprises, oil, gas, and heat enterprises, among others is still enforce based on the decisions of the Ministers of Defense and Internal Affairs.

h) "For the sake of the state's defense capability," no one employed at a militarized enterprise or even a workplace previously militarized under martial law but which has been "demilitarized," may leave his job without the permission of the manager in charge. Since a large majority of Poland's industrial workplaces were militarized for some time during martial law, most workers are prohibited from ceasing employment for whatever reason. This regulation may be extended by the Council of Ministers to any workplace that "produces goods for the operational plan."

i) Participation in strikes, protest actions, or gatherings held "contrary to the binding principles of the law and disturbing law and order in a work place," is subject to immediate dismissal from one's job, in addition to any criminal penalties. Public assemblies, gatherings, or demonstrations are banned if not properly authorized by the Ministry of Internal Affairs.

j) Associations suspended by martial law, that is all trade union, professional, and civil associations, may not resume activities until six months after the suspension of martial law. (This includes, for example, the Scouts organizations.)

k) Any court, prosecutor, or person otherwise designated by the Ministries of Justice or Internal Affairs may confiscate mail or other correspondence, wiretap any telephone conversation, make available any customs parcel, etc. (While those engaging in telephone conversations no longer hear the constant repetition on the line that "This call is being monitored," the right to open mail or wiretap is unlimited.)

l) All decisions, legal enactments, and rules enacted during martial law retain their force of "law." This codifies restrictive decrees made by members of the Council of Ministers.

II) Law on Trade Unions

The new law passed by the Sejm bans all previous trade unions, including the Independent and Self-Governing Trade Union, Solidarity. New trade unions will be allowed but with strictly regulated rights and duties for the trade unions.

a) The Voivodship or local courts will have arbitrary powers over the registration of any new trade union. It has the power to determine whether or not a body submitting applications to register as a trade union is in fact a trade union. (At no point in the trade union law is a trade union itself defined, thus leaving it to the exclusive power of the courts, appointed solely by the authorities, to determine the nature of trade unions.)

In addition, the courts have exclusive powers to approve the statutes of a trade union and to, at any time, delete a trade union from the "register" if that body does not act, in the opinion of the Court, in a manner consistent with the statute itself or with the Constitution of the Polish People's Republic. The statute stipulates that the trade union recognizes and supports the communist party as the leading political force in Poland, the "socialist system" of the ownership of property, and Poland's foreign alliances.

A court, before it strikes a trade union from the register, may also fine each individual member of a trade union 50,000 zlotys for not complying with the statute.

b) A trade union may be registered with as few as fifty members. Only one trade union is allowed to be registered at any one industrial enterprise or workplace. Thus, a trade union of fifty members, approved exclusively by the courts, may represent an enterprise such as the Lenin Shipyards in Gdansk with over ten thousand workers.

c) No national or regional trade unions will be allowed, if at all, until 1984, after a determination has been made by the Council of Ministers that it is in the "best interests" of the state.

d) The right to strike is allowed but only after following prohibitive arbitration procedures, and arbitration decisions are binding on the trade union except under certain conditions. If a trade union body, after a majority vote, decides to conduct a strike, it must give seven days' notice to the management before going on strike. Additional prohibitive regulations are proscribed for the conduct of any strike.

The law, after describing these arcane procedures on the "right to strike," then lists dozens of fields of work whose employees are prevented from striking, which includes a majority of the workforce.

e) The union does not have the right to negotiate wages and the management does not have an obligation to bargain in good faith on any issues.

f) Trade unions may be prohibited at enterprises which are militarized. (See I (g) of the Special Emergency Powers Act.)

g) Anyone violating provisions of the trade union law are subject to imprisonment of one year, a fine of 50,000 zlotys, and deprivation of civil rights.

III) The "Anti-Parasite Law"

This law will empower the state to register all employed and unemployed workers and to forcibly draft anyone unemployed, for whatever reason, into compulsory public labor. The law establishes an administrative body that keeps a register of all those unemployed and a list of all those unemployed for "socially unjustifiable reasons." If an individual fails to report to his assigned place of compulsory labor, no matter whether he has experience in that field of work, or if an individual "persists" in being unemployed, he is subject to one year's imprisonment, a fine of 50,000 zlotys, and deprivation of civil rights.

IV) Bill on Public Order at Schools of Higher Education

This prevents all assembly, demonstrations, signs of protest, and unauthorized associations, and bans free access to information, loitering on school grounds, free expressions, independent intellectual clubs, among others.

Instruction in Marxist-Leninist ideology is compulsory and all the gains made in academic freedom in a law passed in 1981 are repealed.

V) Bill on Censorship

With this law, Parliament reinstituted means of censorship that had been curtailed by a law passed in 1980 as a result of the Gdansk Accords. The 1980 law required the censor to provide reasons for his decision to delete any part of a text or an article, provided for procedures to appeal the censor's decisions, and required any censored part of a text to be accordingly marked so that a reader would know where an article had been censored. The new law returns absolute and arbitrary powers to the censor, who makes his decision on the basis of whether an article, book, publication, or part of a text is not in "the best interests" of the state.

page 7

WHO IS SUPPOSED TO SHOW REPENTANCE?

[Ewa Kubasiewicz was sentenced to ten years' imprisonment in February 1982 for organizing a strike in Gdynia. Her son, Marek Czachor was sentenced to ten years' imprisonment for "using his flat for the purposes of preparing leaflets." In December of this year, in response to a draft resolution concerning possible "reprieves" for selected prisoners sentenced to violations of martial law, Ewa Kubasiewicz wrote the following letter to her friends who have been trying to get her released. It is reprinted from Biuletyn Informacyjny published in Paris.]

Open Letter to My Friends

On December 14, 1982 the Chairman of the State Council submitted to the Sejm [Parliament] a number of resolutions concerning, among others, the problem of political prisoners in Poland. I would like then to present my stand on this matter.

I was arrested on December 20, 1981. I have one year's experience as a prisoner and can state definitively that the sentence of imprisonment is not merely a question of incarceration but also a matter of [the authorities'] isolating an individual from everyone else, in order to do everything possible to destroy, both psychologically and physically, that individual. To the authorities, a prisoner is considered a thing not to be taken into account at all, and thus subjected to a whole spectrum of unimaginable humiliations. I, as well as my friends, do not have the status of political prisoners. I am simply considered a criminal.

The Chairman of the State Council did not even mention rights of political prisoners to have a separate status while in prison, despite the fact that on the twentieth and twenty-first of each month we undertake hunger strikes to remind the authorities about our rights. No. The Chairman of the State Council proposed something entirely different. He proposed instead an act of reprieve.

To understand how humiliating such a proposal is, you would have to have gone through, like myself, a sad farce of a trial, which had nothing to do with the prosecution of law, and you would have had to endure pre-trial detention and imprisonment; and after one year of strenuously trying, in spite of all the evil done, not to hate. I now learn, all of a sudden, that it is I, sentenced to ten years' imprisonment and five years' loss of civil rights; it is I whose son was sentenced for three years simply because he is my son; that it is I who must show repentance and ask forgiveness and reprieve.

But the esteemed Chairman didn't tell me what kind of reprieve I should ask for and to whom I should address such a request. Should I ask Mr. Grzybowski and his two friends * or perhaps Mr. Wojcieszko, the prosecutor, or perhaps Mr. Krywoszejew, the employee of the SB [secret police] who falsified the protocols of my interrogations? I also address this question to General Jaruzelski, who, since December 13, 1982, has himself been appealing in front of the television for us to show repentance. Who is supposed to show repentance? Me?

I think it is of the utmost importance now, when these proposals are being heard, to let those of my friends trying to get me out of here (for which I thank them sincerely) to know my stand. Get out of here, yes. At all costs, no.

Ewa Kubesewicz

December 1982, Fordon prison

* She is probably referring to militiamen who arrested or interrogated her.

page 9

FROM THE UNDERGROUND

[The following items on the resistance of the Solidarity movement and the repression of it by the authorities have been gathered from Tygodnik Mazowsze (Warsaw Weekly), Tygodnik Wojenny (War Weekly, published in Gdansk) and Informacja Solidarnosci (Solidarity Information Bulletin, published in Warsaw), from issues published in late November and early December. (They are not direct translations.)

The underground press in Poland, despite constant attempts by the police to raid publishing houses, remains at a high level. At least four hundred publications are printed with some regularity, with circulations ranging from one thousand copies for the local factory bulletins to thirty thousand for such publications as "War Weekly."

The underground press is the only reliable source of information today for the Polish people, outside of foreign broadcasts, and these publications often publish, as one can see below, information hidden by the authorities. For example, in the first item cited below, confirmation appears for the first time of charges made by the Catholic Church that the regime has set up special military camps to isolate workers and students. ]

1. Tygodnik Mazowsze, No. 35, November 24.

* Thousands of people "suspected" of potentially violating the "law" are being forcibly conscripted into military service in order to isolate them in special military camps, where they are guarded by the security forces. At the same time, many young people, subject to military service, are offered jobs at large enterprises to replace those conscripted, in exchange for promising not to engage in any signs of protest. If they are found to violate this agreement, they are immediately conscripted.

[An eyewitness from Krakow reports that on November 10, the day called for the general strike, the authorities conscripted six hundred workers outside the factory gates of the Nowa Huta Steelworks and warned the workforce that the same fate awaited those who participated in the protest.]

* At the Rudna mine in Silesia, the mine's manager wanted to create a founding committee of the new trade union at the mine (as directed by the communist party district offices). The manager, aiming to break society's resistance to the regime, tried to form the new trade union by coercing those miners fired for participating in the August 31 demonstrations into joining the union by offering them their jobs in return for their membership. However, the miners who were gathered to hear the director's proposal, instead of joining, sang the national anthem and left the room.

* The vice-chairman of Solidarity at the Cegielski factory in Poznan was offered an apartment in exchange for joining the new trade union there. He refused.

* On October 12, a truck bearing a sign "Gifts from Swedish Workers" was unloaded in front of the regional communist party headquarters in Warsaw.

2. Informacja Solidarnosci, No. 99 December 3

* Recently conscripted Solidarity activists are kept in "prison camp conditions" in military camps. One such place is set up in Czerwony-Bor (Red Forest) near Lomza, where there are six hundred soldiers, a majority of whom had been released from internment. Other camps are established near Lublin and Czarna.

* The Association of Polish Actors (ZASP) was dissolved on December 1 because the Minister of Culture decided that a boycott by Polish actors of Polish television, begun in December 1981 in protest of martial law, had "political motivations." The directors of two major theatres in Warsaw were fired and replaced by supporters of the regime.

An appeal from the actors in an issue of Tygodnik Mazowsze urges theatergoers to go to specific theaters where actors not collaborating with the regime are employed and to boycott those theaters now directed by collaborators of the regime.

[Also, The New York Times reports that on December 10, the villa of Mariusz Dmochowski, a former president of ZASP, was raided by the police in Popowa outside Warsaw, and they found an underground printing operation. Dmochowski, before the state of war, had been a well-known party member, but after its imposition, he turned in his party card and supported the actors' boycott of Polish television.]

* Jaroslaw Kolmar, from Bielsko-Biala, voluntarily comes out of hiding from the underground and reports to police headquarters. He is released after answering the police's questions, but a few weeks later he is formally charged in the regional court with accusations by the Public Prosecutor based on his "explanations" to the police.

* During the fall, farmers around the towns of Premysl and Jaroslaw collect food and send it to Silesia through Church channels helping workers in that region. The collection followed an appeal of Bishop Tokarczyk, who, in a mass performed at the Jasna Gora monastery before 350,000 farmers celebrating the harvest, appealed to farmers to organize help and send food to those in the cities and mining towns.

(He also said that efforts to undermine relations between the Church, the people, and Solidarity would never succeed and that the Church stood with the people in its struggle against the communist regime.)

* In mid-October, Radio Solidarity in Kedzierzyn-Kozle broadcast for the first time for twenty minutes. [Radio Solidarity has broadcast in up to twelve regions.]

* Representatives of Rural Solidarity, artisans' unions, and the Solidarity union based in the Radom region formed a Council of Solidarity for the Radom Region on November 11.

* Informacja Solidarnosci received a program declared by the Polish Solidarity Party, created November 11 in Warsaw by "representatives of underground society." Another communique was received from the Polish Peasant Party, which was initiated at a "conspiratorial" meeting of peasant leaders gathered in Poznan.

3. Tygodnik Wojenny, No. 40, November 11

* Convinced that Lech Walesa was going to receive the Nobel Peace Prize, Polish television prepared two programs ready to immediately respond to the announcement. The first argued that Lech Walesa had received the award because of "imperialist forces" in the Nobel commission, which had previously given the award to no less a person than Menachem Begin. Walesa also received the award because members of the commission include a laundry worker and a farmer, who know nothing about "world politics." The second show concerned the manipulation of Walesa by "extremists" and "radicals." Neither show was broadcast.

page 12

WHY WAS WALESA FREED?

by B.K.

[Upon the release of Lech Walesa and the announcement that an agreement had been reached with the Church on a Papal visit, the forty-first issue of Tygodnik Wojenny (War Weekly), published in Gdansk November 25, printed an analysis by the pseudonym B.K. on what the authorities hoped to achieve with what appears to the Western media to be a new act of moderation by the regime. B.K. also analyzes what the Solidarity movement should expect of Walesa and what his release means for society's resistance.]

Walesa's release provided stiff competition for the changes at the Kremlin in Western mass-media. Numerous media commentators see in this act a beginning of a political change of course by the authorities, a step undertaken by the government in the direction of a more or less authentic accord with Polish society. On the other hand the press spokesman for that very government [Jerzy Urban] repeats again and again that Walesa is a private citizen, that Jaruzelski has no intention of having any conversations with him, and that he was released only because the authorities do not think he will be troublesome. It seems that Urban is closer to the truth than the commentators who wish that the Polish question could be regarded as solved--or, if not solved, then at least progressing in the right direction.

It seems, however, that the authorities treat freeing Lech as a tactical move, a price to pay while bargaining with the Episcopate. For months, the release of Lech Walesa was one of the fundamental demands of society; at the same time such a step had humanitarian significance. The authorities decided it was worth the risk when the time came. But, what was supposed to be the beginning of a path toward defusing the situation is now only an isolated move for the government.

The publication of Walesa's letter requesting talks [in the official press] was perceived as the authorities' intention to conduct such talks; however, in their view the matter was exhausted by Walesa's meeting with Kiszczak [Minister of Internal Affairs]. During his journey from Arlamowo [the place of Walesa's internment since June] to Gdansk, Walesa was merely instructed by public prosecutors what was permissible and what was not under the state of war.

It turned out that nothing is allowed. The junta assumes that the Walesa who sits at home and talks to foreign journalists does not pose any danger to it, and, to the contrary, provides the junta with a good reputation. Probably no one in the government is so naive as to believe that Walesa will allow himself to be bought by a spurious initiative like the Citizens' Committees for National Salvation (OCHON), the Patriotic Movement of National Rebirth (PRON), or fake trade unions. *

However, it is hoped that his release will act as a brake on the activity of underground Solidarity; after a while, when it turns out that Walesa is unable to do anything, his prestige will diminish and society will be split, in part because of the issue of Walesa himself, and thus it will be deprived of a leader while the government gets rid of a dangerous opponent. His internment only exalted Walesa's role, hence they are trying to do him in a different way.

This is not a baseless argument by the regime, however it does not mean that it will prove correct. These plans can be frustrated. It depends on Walesa himself, and even more on society. Indeed, Walesa is a common citizen like any of us, but he is also the only citizen who was elected the leader of a 10,000,000 member organization and who has the support of the majority of society. He enjoys no royal rights, but his support counts for more than the pseudo-legality of Polish communist authorities. His strength depends on his support. The authorities hope that without the Union, without the possibility of public action, Walesa will not be a threat. This may come about unless such plans are frustrated. It is possible that workers will do what a "private citizen" in Gdansk tells them to do, and not what the authorities demand using their apparatus of terror.

Surely Walesa will not create a miracle. He won't do for us what we need done. This task belongs to the society. It should not expect too much from Lech. However, if he asks for support, if he proposes an action, even a most modest one, and it will be obeyed voluntarily, then this will demonstrate that the government is dealing with a united society, organized in spite of everything, a society that has a leader who expresses its desires.

B.K.

*Since the imposition of martial law and the coup d'etat of the Military Council for National Salvation (WRON), the regime has initiated numerous citizens' or social movements for "national salvation" such as OCHON and PRON, in the guise of providing some sort of social base outside the communist party. During the Parliamentary debate on the new law governing trade unions, one of the few deputies to argue against its adoption, Janusz Zablowski, said in his speech, "WRON, OCHON, PRON--why do we have these committees for the salvation of the nation when it is the state that is broken and needs to be fixed?"

page 14

FRASYNIUK ON TRIAL

[The secret police on October 5 arrested Wladyslaw Frasyniuk, the chairman of the Wroclaw Region of Solidarity and since December 1981 the head of the underground Regional Strike Commission. He was charged with continuing union activities and organizing strikes and demonstrations against the martial law regime. His trial took place on November 8 and 9, of which we print an account from Mazowsze Weekly issue #35, November 24. Despite the recantation of numerous state witnesses during the trial, Frasyniuk was sentenced to six years' imprisonment.]

On November 18 and 19 the trial of Wladyslaw Frasyniuk took place in the Regional Court. The court building was heavily guarded; a detachment of ZOMO was stationed in a special room on the ground floor.

When Frasyniuk was brought into the courtroom everyone present stood up.

Frasyniuk replied to questions concerning the creation and activities of the Regional Strike Commission. He explained that union resolutions (before the imposition of martial law] had established the automatic transformation of the elected Regional Executive Commission into an emergency Strike Committee if circumstances dictated. He led the committee as the chairman of the Regional Executive Commission.

Periodicals published by the strike committee, FROM DAY TO DAY, and TODAY AND AFTER TOMORROW, printed documents and appeals of union authorities. Other than that, the Regional Strike Committee limited itself to setting a general programmatic direction for the union. It did not censor published articles. Many articles, especially economic ones, relied on the analysis of experts. Besides, the picture of the economic situation reflected in the Solidarity press is quite compatible with the accounts of the official press.

Funds withdrawn from the Regional Commissions bank account, as well as union dues collected after the imposition of martial law, were audited by a financial council created by the Strike Committee. *

Following Frasyniuk's deposition, prosecution witnesses were examined. Almost all revoked the testimony given during the investigation. When the fifth witness claimed that he had given his testimony in a state of duress, the irritated judge, Miziol, loudly demanded an explanation what such duress meant.

Witness Niemirska recounted an incident in which three or four persons assaulted her as she waited at a streetcar stop. They wrenched her hands behind her back and took her to the regional police headquarters. There she was left alone for a long time in a cell alone with a police dog. Her interrogations took place with one policemen in front of her and three behind her.

Other witnesses talked about threats and pressures. Kruszynski, who was arrested together with Frasyniuk and severely beaten, was threatened with heavier beatings during the investigation. H. Szymanski was told that his wife and children would be harassed; during the trial he was fired from his job after 27 years' employment. His wife was also fired from her job.

The witnesses, asked about the strikes in December 1981, all agreed that they had started spontaneously during the early morning on Monday, December 14th, i.e. before the appeal of the Regional Strike „committee reached various enterprises, and before Frasyniuk arrived in Wroclaw. ** They said that it was only due to Frasyniuk's intercession that the Municipal Transit Enterprise ended its strike, and that Frasyniuk had a calming influence on people at demonstrations in the PAFAWAG, Dolmel, and Fadroma plants.

Witness testimony disproved the charge that Frasyniuk incited people to strike at PAFAWAG, and that he had declared to the management that Solidarity took over the factory. W. Sawicki, the deputy director of the factory, denied this charge; he said that Frasyniuk only informed the management about the creation of the Regional Strike Committee, described its composition, and submitted the workers' demands.

Two witnesses testified against Frasyniuk. Rzeszowski claimed that he was Frasyniuk's liaison and driver, and provided information on meeting places and conspiratorial pseudonyms. Frasyniuk stated that he did not know the man.

A man named Sliwinski, an academic employee at the University of Wroclaw who was detained on the same day as Frasyniuk, testified that, in response to an appeal from a friend, he had made his apartment available for clandestine meetings. The only person he was able to recognize in court was Barbara Labuda (until December an adviser of the Regional Executive of Lower Silesia, and since December 13 in hiding; arrested the same day as Frasyniuk). He did not know what the subjects of conversations were that took place in his apartment.

Concerning Radio Solidarity, a regional inspector of the State Radio Control was called to testify. He stated that radio transmitters were built mainly from parts produced domestically. Only small parts of Western make were used because they are not produced in the socialist countries. He added that radio transmitters used by Solidarity could be constructed by any amateur with some electronic background.

In closing, the prosecutor unexpectedly pressed the additional charge that Frasyniuk's letter to union members in Lower Silesia (issued in June) had been used by Western propaganda. He asked the court to recognize as material evidence a Solidarity bulletin published in Paris and a Polish-Canadian magazine, CZAS. The court rejected this motion.

On November 19th shouts of "Wladek, be strong!" could be heard in the courtroom from a nearby jail.

* Right before the imposition of martial law, the regional commission withdrew much of Wroclaw Solidarity's assets from the banks where they were deposited. The regime confiscated all Solidarity unions' assets with the imposition of martial law and has recently promulgated a decree that will transfer those assets "equitably" to the new trade unions.

** Frasyniuk escaped arrest in Gdansk, where a meeting of Solidarity's National Commission was taking place on December 12, when most of the commission's members were interned. He had been able to return to Wroclaw within a few days.

page 17

HOW COMMUNISTS ORGANIZE UNIONS

[Following the adoption of the new trade union law by Parliament, which banned Solidarity and officially established new "trade unions," the party-state apparatus attempted to set up the easily controlled and manipulated new trade unions at factories and enterprises, in order to break Polish society's resistance and to convince the West and the society that Solidarity no longer had the support of the people. In a significant act of political protest, the new unions have been almost universally boycotted, despite coercion and enticements. (See also "From the Underground," page 9.) For example, at the Lenin Shipyards, with over ten thousand workers, barely one hundred and fifty members could be found to join the new "trade unions," whose activity is severely limited. (Under the law, as few as thirty members can constitute a trade union.) The regime's propaganda organs admit that the response to this new endeavor has not been successful.

Various accounts of how the regime has organized new trade unions appear in underground Solidarity bulletins, which we print below.]

* Setting up a "new" trade union at an average enterprise:

Two days before the bill delegalizing independent trade unions was passed by the Parliament, the manager of an enterprise, following the instructions of the District Committee of the Polish United Workers' Party (P.Z.P.R.), appointed a chairman of an initiating commission. Immediately following the passage of the bill, the former chairman of the official trade unions, a Party secretary and an active opponent of Solidarity, joined.

Three directives aimed at recruitment to the new trade unions were sent to employees at the enterprise:

-- From the chief manager of the enterprise to directly subordinate deputy managers and chief specialists, who were threatened with demotion [if they did not join].

-- From the executive party committee, jointly with the management, to all party members, ordering them to sign up. (At one meeting, an objection was raised that this was lawless coercion and part of the Party membership is still considering not joining.)

-- From the initiating commission to all workers.

The results of the recruitment activity are reported, in accordance with instructions, twice a day to the District Committee of the P.Z.P.R., including the number of new members, their past trade union and Party affiliation, and their past work classification.

[Serwis Informacyjny R.K.W. Malapolska (Information Bulletin of the Krakow Solidarity Regional Commission), No. 30.]

* Activists of the former official trade unions at the Polish State Railways (P.K.P.) are being induced into joining the initiating commission of the new unions with promises of salary raises and a six-week trip to a socialist country of their choosing. If they refuse, the proposition is then presented as an official order. For the time being, this "socialist" attempt at forming "independent" trade unions is being hampered by the demand from the "victims" that they be presented with the official order in writing. It is worth following this idea. If they attempt to force you to join the new unions in a militarized enterprise, demand the order in writing.
(Note: The new trade union law specifically prohibits the forming of trade unions at a militarized enterprise, that is, a workplace under the direction of the Ministry of National Defense and the Ministry of Internal Affairs.)

* It was found that the majority of people forming the initiating commissions of the new trade unions were not even aware that they were members. (Kronika Malapolska, No. 18)

* On Friday, the Secretary of the Party Committee (P.O.P.) at the State Geographical-Cartographical Establishment (?) in Warsaw visited a number of people and proposed that they join the founding group of the new trade unions. One of those he approached was a department head, a member of Solidarity who possesses a certain amount of authority in the union. She told him that she was not sure, but that she would think about the proposal.

Upon arriving at work at 8 a.m. Monday morning, she found that her name was included on a list posted on the bulletin board of those on the founding group. She went to the P.O.P. Secretary and requested that her name be removed from the list. At a briefing of department chairmen at 2 p.m., the manager read off a list of the founding members of the new trade unions; her name, of course, was included. She rose and publicly requested that her name be deleted from the list, asserting that it had been included erroneously. There was consternation all around and apologies were made.

At this enterprise employing one thousand people, the founding group numbers twenty. (Informacja Solidarnosci, No. 88)

* On October 14, a "working" meeting of the initiating group for the new trade unions took place at the largest hall of our plant. A crowd of hard-line enthusiasts gathered: fifteen of them in all. They elected ten to the presidium of the initiating group. (We would be very interested to know how the Krakow rag got the information that one hundred people from our plant belong to the new unions.)

On Saturday, October 9, a meeting took place at the District (City) Committee of the P.Z.P.R. between party activists and the management of the Legionow work enterprises. Representatives of those enterprises were told what their reactions to the new trade union law should be:

-- Firstly, new trade unions had to be set up at all enterprises;

-- Secondly, members of the P.Z.P.R., the Z.S.M.P. (Union of Polish Socialist Youth), and other organizations must actively participate in them;

-- Thirdly, it was the management's responsibility to create initiating groups and to be on their guard against the infiltration of these groups by uncertain and anti-party elements.

Moreover, those attending the meeting, which took place twelve hours after the new trade union bill was passed, could equip themselves with a brochure, printed on good paper, entitled: "The General Statute of the New Trade Unions in an Enterprise." (Slowo, No. 12)

* (At the Nowa Huta Shipyards outside of Krakow, with over ten thousand workers.)

The meeting was opened by the chief of this "cabaret," Marian Zak, a retired steelworker. It is quite fitting that he be the initiating leader of the group since the organization needs...fresh blood. The telephone number of these pensioners is 74-47: let's phone them up to uphold the spirits of these collaborators and traitors.

When members of the workforce leaving the first shift heard about the meeting--which began at about two p.m.--they whistled and threw stones at the window of the "Vatican" [the Party headquarters in Nowa Huta] as they were going past.

* New trade unions are being established at the heat and power plant in Leg by the party secretary, Litworowski, and comrade Bak, among others. The following morning after the announcement of the two's mission to organize, workers queued up in front of the telephonex.

The first telephone call was to the point: "There's a group of twelve of us here, and eight of us have already decided to join the union. But we didn't know where to start, and were hoping you would advise us." They received an enthusiastic response from the party secretary: "Splendid--it is right that you have come to this decision of your own accord...that this should come from you below!" "From below! From below we can rip off your b----, you son of a w----."

This was followed by another caller: "Are you the son of a w---- who's forming the new trade unions?" After two hours, when the telephone rang yet again, this time from an innocent who had a relevant question about the new unions, the party secretary hysterically responded that no one was forming new trade unions there.

We have declared a new psychological war against them. Now, after the death of that boy from Nowa Huta, we phone party members from our factory and tell them, "You red pig! You'll pay for his death." To be absolutely sure of their reaction, we send one of our people to the room where the party member works. Their hands tremble with terror. (Kronika Malopolska, No. 18)

page 21

"OUR BATTLE CONTINUES"

[The day before the delegalization of Solidarity, October 7, Piotr Bednarz and Josef Pinior, members of the Solidarity Regional Commission of Lower Silesia, appealed to union members in an open letter. It appeared in the underground publication Z Dnia Z Dzien.

Piotr Bednarz was arrested in Wroclaw in October and, after a summary trial, received four years imprisonment for continuing union activities. His arrest followed that of Wladyslaw Frasyniuk, the Chairman of the Regional Commission of Solidarity. Both were members of the Temporary Coordinating Commission.

In the appeal, the two union leaders refer to Targowica, a group of Polish nobility who called upon Czarina Katherine the Great in 1793 to intercede in Poland to prevent democratic change. The word in Polish is a synonym of betrayal to the Polish nation.]

These are hard times for our Union, following the capture of Wladyslaw Frasyniuk by the Secret Police and following the Targowica which took place in Parliament. We, the representatives of the Regional Strike Committee, turn to all members of Solidarity.

Solidarity has effectively been "delegalized" for eleven months. Despite this our Union still exists because its members are alive and working. From month to month, we have built secret independent social organizations--an underground society is being created. The official delegalization of Solidarity in Parliament only proves that General Jaruzelski's junta is far removed from the reality in Poland today.

Our underground activities are a moral duty to those sacrificed at Lubin and Wroclaw [where five people were killed by ZOMO police on August 31], to all those sentenced by the martial law courts, to the leader of the National Commission, Lech Walesa, and to the leader of our region, Wladyslaw Frasyniuk. We will not cease in our struggle for the ideals for which workers sacrificed their lives.

We call upon all Solidarity members in Lower Silesia to continue to perfect our underground union structure. Our aim is to have a self-governing Republic. The totalitarian communist system, with its tanks and secret police, will not crush this ideal.

We continue to lay the foundations for this ideal in the underground society. Our fight for freedom and democracy lives!

Signed on behalf of the Regional Strike Committee:

Piotr Bednarz

Jozef Pinior

Wroclaw

October 7, 1982

page 22

THE TRIALS CONTINUE

In the past month, the regime has continued to indict, try, and sentence Solidarity members, activists, and supporters in military and civilian courts. It is not known how many have been sentenced in the period following the suspension of martial law, but it is clear that arrests and court proceedings have remained at a high level.

On January 24, the trial of ten activists involved in broadcasting Radio Solidarity in Warsaw began. The defendants included Zbigniew and Zofia Romaszewski, among others. Zbigniew Romaszewski, a former member of KOR, was a leader of the Warsaw underground Solidarity resistance and an elected leader of Warsaw Solidarity during 1980-81. He was charged along with seven other members of KOR on September 2 with Article 128 of the Polish Penal Code (see below).

On December 23, seven members of the National Commission of Solidarity, interned since December 1981, were also charged. They include Andrzej Gwiazda, a former deputy to Lech Walesa, Seweryn Jaworski, deputy chairman of the Warsaw Region, Marian Jurczyk, chairman of the Szczecin Region, Karol Modzelewski, deputy chairman of the Wroclaw Region, Grzegorz Palka from Lodz, member of the Presidium of the National Commission, Andrzej Rozplochowski, also a member of the Katowice Region's Presidium body, and Jan Rulewski, chairman of the Bydgoszcz Region, who in March 1981 was beaten in a police raid on a Solidarity meeting, an incident which sparked a warning of a general strike at the time. Although it is clear that these seven could not have acted against martial law decrees while interned, the case is being prepared nonetheless, possibly charging retroactively for union activities before December 1981, which the regime had said it would not do.

These two cases are just two of the many being prosecuted by the regime. In the law passed "suspending" martial law, not only are most restrictions on union activity, assembling, printing and possessing leaflets, etc. in force, the law also stipulates that all arrests made before martial law's suspension should be prosecuted with summary speed.

page 23

THE CHARGES AGAINST KOR

On September 2, 1982, seven members of KOR, the Workers' Defense Committee, also known as the Committee for Social Self-Defense, which formed in 1976 and dissolved at the First Congress of Solidarity in September 1981, were charged with Article 128 of the Polish People's Republic's Penal Code. The seven charged are Miroslaw Chojeci (presently abroad), Jacek Kuron, Jan Jozef Lipski, Jan Litynski, Adam Michnik, Zbigniew Romaszewski, and Henryk Wujec. Although there has been little information about the status of the prosecutor's preparations for the case, it is possible that the case might be brought to trial in the coming months.

The following are the official charges levied against seven members of KOR on September 2, 1982:

Article 128: Those who undertake preparations to the crime defined in Article 122, 123, 124 paragraph 1 or 2, 127, or 128, is subject to imprisonment of one to two years.

Article 123: Those who, aiming at the deprivation of independence, or at the detachment of the territory, or at the overthrow of the political system by force, or at the weakening of the national security of the Polish People's Republic, or who thus undertakes, in coordination with other people any activity aiming at the realization of this aim, is subject to a penalty of imprisonment not shorter than five years, or the penalty of death.

page 24

WHAT HAPPENED IN LUBIN: AN UNAUTHORIZED ACCOUNT

by Wojciech Markiewicz

[On August 31, three workers were killed and dozens wounded in the copper mining town of Lubin by ZOMO police attempting to disperse peaceful demonstrators marking the second anniversary of the Gdansk Accords. They were among seven known to have been killed on that day throughout Poland, with an estimated three to five hundred thousand people participating in the nationwide demonstrations.

While the underground Solidarity press printed accounts of the shooting (see Committee in Support of Solidarity REPORTS No. 9), the official government press dismissed the affair with articles expressing "regret" that the ZOMO had been "forced" to defend themselves. Wojciech Markiewicz, however, wrote an article for the official publication Polityka, formerly edited by Deputy Prime Minister Miecyslaw Rakowski, giving an eyewitness account of what actually occurred. It makes clear that the security forces had acted brutally and used firearms without discretion. Markiewicz also recounts the cover-up of the shootings by official investigators and the police, and describes a series of interviews with several of those wounded in the ZOMO attacks. The article was refused for publication, however, and printed in Tygodnik Mazowsze.]

At noon and even as late as 2:00 p.m. on Tuesday August 31, the city of Lubin and its 73,000 inhabitants had no idea of a tragedy or even of trouble in the streets.

"Between twelve and two in the afternoon," recalled Piotr Czaja, the local committee's first secretary of the Polish United Workers' Party, "I was taking my usual stroll around town, as I do every day..."

For several weeks there had been announcements in Lubin, as elsewhere in the country, in leaflets and in the underground Bulletin of the State of War published by the Copper Basin Branch of Solidarity, that there would be demonstrations to mark the second anniversary of the social agreements. But no one expected that the worst would happen right here.

The thirty-seventh issue of the Bulletin, dated August 31, 1982, (printed in 10,000 copies according to the note on page one) appealed to its readers: "Remember! The Legnica region of Solidarity calls on you to mark August 31 of this year at 3:30 p.m. We will gather for the peaceful demonstration at the designated places in the cities of our district, carrying banners reading 'Lift the State of War,' 'Solidarity Fights On,' 'Free Lech,' and 'Freedom for the Imprisoned.' We appeal to you to behave calmly. Do not let yourselves be provoked."

In Lubin, the demonstration was to take place at the Marketplace, known as Freedom Square. At 2:30 p.m. people began to gather; by 3:15 the crowd had grown to three thousand. At 3:40 an ambulance from the Health Services Center drove into the square. Accounts of what followed vary from this point on.

The official information sent to the provincial governor, of Legnica stated that "a nurse and the driver disembarked from the ambulance and began to construct political and religious symbols from flowers. The flowers were brought to the demonstration in the ambulance, and the symbols included one of a cross and signs reading 'Solidarity' and 'V for victory.'" Both the friends and superiors of the arrested driver claimed that the "ambulance did not bring any flowers," but they could not swear to their claim because they were not there. The commander of the police patrol demanded that the ambulance drive away since the square was restricted to pedestrians. The driver's documents were checked. The crowd was chanting "Free Lech" and "Solidarity Fights On." Also heard were whistles and shouts of "Gestapo."

Secretary Czaja, who was not present on the square either, but rather at the factory, stated that "During the singing of the anthem, the driver took a loudspeaker from the ambulance and directed it toward the crowd to make the singing louder, without doubt inflaming the tensions and emotions of the crowd."

Marian Kolodziej, the director of the Health Services Center asserted: "There is some misunderstanding, since the ambulance had no loudspeaker. There is only a radio-phone, and I suspect that what was going on was an attempt to transmit the events to the dispatcher's office. You can examine the ambulance; it is parked in front of the hospital."

After several minutes of categorical demands that the ambulance drive away and appeals to the crowd that they disperse, according to one version, "the ambulance drove off and was stopped several hundred meters away from the Marketplace by the police." According to another version, "the driver was put into a police car and the ambulance was driven away by a militiaman."

Why did the People's Militia so categorically demand that the ambulance leave Freedom Square?

In the words of the municipal party secretary, Czaja, "At that place and time, the sight of such a vehicle could not but intensify emotions. After all, it was not a truck or taxi."

At this moment, according to functionaries of the People's Militia, "Stones and bottles of gasoline were hurled at the police from the roofs of surrounding houses." According to another version, however, "the police began firing tear gas grenades straight into the crowd."

Boleslaw Kadzidlowski, the chief of the regional Prosecutor's Office, which is conducting an investigation of the August 31 and September 1 events, excluding those events and circumstances in which firearms were used, stated: "We know nothing about stones thrown from rooftops. But we do have one established culprit who threw a bottle of gasoline that set a police van on fire."

The crowd dispersed. Some people escaped to a lawn behind the ancient wall, others to a little church, while still others ran in the direction of the streets leading away from Freedom Square. Reinforced units were using tear gas and water cannon. Stones and shouts of "Gestapo," "Hitlerites," etc. came from one side; tear gas, concussion grenades from the other.

Soon pitched battles were raging at several points. The town hall, a fire engine, and a newsstand were on fire. The policemen claimed that these fires were "started by the demonstrators," while the other side maintained that "they caught fire from the grenades thrown by the police." A short time afterwards, the police were being helped by detachments of ZOMO called in from Legnica.

According to Secretary Czaja, "When firearms were used, all hell broke loose."

The First Casualties

The first casualties were admitted to the intensive care unit at the city hospital at 5:00 p.m. An hour later, it was already known that two persons had been killed and twelve wounded. Their ages ranged from seven to fifty-eight. Eleven policemen were also hurt; two were treated as out-patients at the hospital. None of the policemen had gunshot wounds.

One of those killed was Andrzej Trajkowski, 32 years of age, and a technical mechanic employed at the Wroclaw Enterprises for Industrial Installations (Lubin Section). He left three children and a wife expecting a fourth child. He was found in front of the Office of Artistic Exhibitions with a gunshot wound in his head. According to the hospital report: "The patient was dead on arrival. Attempts to resuscitate him conducted at the surgical unit proved unsuccessful. The cause of death is evidently a gunshot wound to the head."

The other fatality was Mieczyslaw Pozniak, 25 years old, a worker from the Elektromontaz Plant. He also was married: He was taken from a little plaza between Swierczewski and Copernicus Streets. According to the medical report, "He was admitted to the intensive care unit in an agonal state. Resuscitation attempts proved unsuccessful. A gunshot wound to the abdomen, which probably injured the lower blood vessels, is the evident cause of death." The doctor who examined the corpse stated that "he was shot in the back, in the lumbar region."

When I was leaving Lubin on the afternoon of September 4, Michal Adamowicz, who had been shot in the head, was still struggling with death. He is 28 years old, married, and a worker in the Mining Enterprises of Lubin. He was brought to the hospital from yet another place, but nobody I talked to could remember where.

On Tuesday, the decision to impose a curfew from 8:00 p.m. to 5:00 a.m. throughout the entire district could only be announced at 8:30 p.m. with the help of an armored vehicle equipped with a megaphone. Two police vans sent earlier had been stoned by the crowd.

By 10:30 p.m., Lubin was quiet. By 11:00 p.m., the commission from Warsaw appointed by the Prosecutor General to investigate the events in Lubin had arrived in the city. The inspection lasted until 3:30 a.m. Then the clean-up began.

Why was there shooting? Could not the use of firearms have been avoided?

At the City Headquarters of the People's Militia, I was informed that the police, as a party in the continuing investigation, could not talk to the press. Colonel Jozef Sandorek from the Military Prosecutor's Office, the deputy prosecutor for the Silesian District, who was conducting the investigation concerning the use of firearms, told me: "We are in the process of making detailed investigations. Until we are able to explain everything to the end, I cannot say anything. In order to dispel rumors claiming that something must be wrong if we have begun investigations, I would like to point out that every time there are fatalities and arms are used, we conduct an investigation. The Military Prosecutor's Office is the only organ responsible for the investigation of policemen for possible violations of the law. If we will not have to conduct ballistic tests, I believe a report will be released in ten days."

Accounts of the Victims

Next I went to the hospital to talk to the wounded.

Ireneusz Lato, twenty-nine years old, is a carpenter at the Construction and Renovation Enterprises "Z.O.Z." He received "a gunshot wound in the area of the right knee with an open fracture of the thigh bone." In his words, at 4:35 p.m., "I was shot in the vicinity of the parish house. The shot came from a group of policemen attempting to disperse our crowd from a distance of approximately two hundred meters. You know, it is difficult to throw a stone from such a distance. I was immediately taken to the parish house, and then by ambulance to the hospital. Most probably, I will have a stiff knee."

Edward Wertka is forty-five years old and a worker in the steel industry's Construction Company. The report from his operation states that "a wound in the back of the shoulder; in front, the wound has the size of a ten zloty coin, bleeding profusely." This indicates he was shot from the back. As Wertka said to me, "I belong to Solidarity, so on that day, on Tuesday, I thought 'I will go, sing, and at worst they will arrest me. I might have to pay a fine, but I will fulfill my organizational responsibilities.' But I did not think they would shoot. And they fired twice: once near a meadow from a passing van, and the second time near the parish house. As I was running away, I felt how my shoulder was jolted. "

Andrzej Dudziak is twenty three years old and a metal worker and tool mechanic at the Rudna mine. (He suffered "a gunshot wound of the left lower thigh with an open fracture of the third degree.") He explained what happened: "I was sitting on a small wall on the corner of Mieczko and First Streets. At first I felt--for just a moment--that I had a hole in my pants, and only later I felt the pain. I don't know where the shot came from. I don't think I will be able to go down into the mines again."

Kazimierz Rusin is thirty-one years old and a bus driver for the Provincial Transport Enterprise. (He suffered "a gunshot wound in the area of the left hip joint.") According to Rusin: "I arrived at the yards before five. I went to see a bus with broken windows, where friends had found a bullet or a cartridge. Then I was walking home with my wife on Rzeznicka Street. This is at least seven hundred meters from the Marketplace. The street was empty. Suddenly, I felt pain in my left thigh. My wife went back to the yards, some hundred and fifty meters away, and informed the director. He provided a bus to take me to the hospital. I did not see anybody. I don't know where the shot came from."

The next day, September 1, rumors began circulating around the city. On the little plazas around the Office of Artistic Exhibitions, five crosses appeared, symbolizing five fatalities. Under a cross near the tavern, someone made a small altar and placed two pairs of children's shoes before it. On Tuesday, someone saw a man carrying a bleeding child; someone else saw a police van running over an escaping protester. The policemen were supposed to have taken the body into the car and driven off in an unknown direction. [See Committee in Support of Solidarity REPORTS, No. 8.]

Prosecutor Kadzidlowski explained: "To this day--that is until Saturday, September 4--there have been no missing person reports. The only case involved the parents of a seventeen year old student at a technical school. We checked and found out that he was detained during the night of September 1 while he was building a barricade. There have also been no reports of disappearances made to the Military Prosecutor's Office or to any other institution."

At 4:00 p.m. on Wednesday, the plaza around Sikorski Street was filled with people. On Copernicus Street, a barricade was being constructed. Fifteen and sixteen year old girls were helping. A crowd of over a thousand people gathered in front of the hospital, and after singing religious hymns and the national anthem marched through May First Street, Railroad Street, and Renaissance Street to the building of the City's Party Committee. People were shouting "Come with Us," "Free Lech," and finally, "Burn them Down!" When the crowd linked arms and began to approach the building, ZOMO detachments arrived. The crowd was dispersed by tear gas grenades. During two subsequent attacks on the Party building, all the windows on the first floor were broken.

In the words of Secretary Czaja: "You can imagine how we felt in here."

Calm was restored by 2:00 a.m. on Thursday morning, and as reinforcements arrived during the day, it appeared that all would remain quiet. But at 1:00 p.m. everything began anew. Groups, several hundred strong, erected barricades at various points in the city, and people built bonfires. Disturbances continued until 2:00 a.m., despite the curfew set at 6:00 p.m. for persons under eighteen and at 8:00 for others.

At 11:00 a.m. on Friday, September 3, Andrzej Trajkowski was buried at the Communal Cemetery. Over two thousand people attended, among them many young people along with women and children. The priest appealed for calm and people returned home. On the same day, there was an accident which, given the atmosphere, made the authorities expect the worst.

A "Kamuz" truck belonging to the "Transkom" Company drove into a bus stop at the Polne settlement, severely injuring two children and one man, and inflicting minor injuries on four others. The truck's brakes had failed.

Also on the same day, foreign journalists appeared. They were not allowed into Lubin. The city was surrounded by troops and could be entered only by bus or train. Telephone connections had been cut, and the use of private cars was forbidden. This restriction was not supposed to apply to doctors and delivery

vehicles. The latter were granted special permits, but doctors had still not received them as late as Saturday, perhaps because, as I heard in town on many occasions, the local Health Services Center was regarded by the authorities as a hotbed for Solidarity.

Throughout the entire day, city employees patched holes in the facades of the houses surrounding Freedom Square. Most of the windows had already been replaced. Reinforced patrols circulated through the city, asking passersby for identifications.

According to prosecutor Kadzidlowski: "This is no longer the same city. It is an angry city now. The atmosphere is tense; people whisper, turn away, and are suspicious."

Foreign journalists arrived, apparently correspondents of UPI and Reuters, this time equipped with permits allowing them to move around town. I met them in the office of the City Party Committee. In the absence of the First Secretary, the second in charge told me very nervously, "This is something really new. Please sit down. Capitalists wandering around the party committee."

Also on Saturday afternoon, in the nearby village of Orzeszkowo, the funeral of Mieczyslaw Pozniak was held. Around seventy people attended. Representatives from his factory placed a wreath with red and white sashes on his grave.

Every day, at 7:30 a.m., meetings with representatives of Lubin factories are held at the Party City Committee. The people of Lubin believe that the use of firearms could have been avoided and was unnecessary. The miners are asking, even demanding, an honest and full explanation of the reasons for the use of firearms. One without a whitewash.

page 30

THE HOMILY OF BISHOP TOKARCZUK

[Bishop Ordinary Ignacy Tokarczuk of the diocese of Przymsl, an agricultural region, delivered one of the strongest criticisms against the present communist-military regime's repression in his homily to 350,000 farmers gathered to celebrate the harvest during the Jubilee Pilgrimage in Jasna Gora on September 5, 1982. The homily is significant in that it puts forward theological arguments, representing a significant following within the Church, in defense of the Solidarity movement's continuing struggle and its opposition to communist rule. He calls for a reinstitution of Solidarity, the release of all prisoners, and the end of martial law and its repression, that is, the demands of underground Solidarity. For this reason, the homily received virulent criticism within the communist party's press. We print exerpts of it below.]

God bless you dear brothers and sisters, in the name of Christ! Dear Farmers!

We have just heard the words of the Apostle who addressing all of us said: "You are not slaves. You are free children of God. And because you are free and children of God, therefore you are also heirs to His Kingdom."

And thus as God's free children, as free children of your own nation, you have come here today on this great Jubilee in order to thank the Czestochowa Madonna (The blessed Virgin of Czestochowa) for this year's harvest, so as to celebrate the harvest in the most religious of spirits.

It is to God that the highest thanks should be given. That is why, guided by this sense of duty of thanksgiving, so many of you have come here to Jasna Gora. And this thanksgiving, my beloved children, you address through the One who fed God's Son, through Mary-our-Queen. This is why the thanksgiving of yours is so important, not only for yourselves but for the whole Nation, because we all eat the bread for which you toil. The whole Nation, in thanking God today, addresses to all of you, beloved farmers, their words of gratitude. They address their gratitude to you, beloved farmers, who so often are taken for granted and exploited, you who work so hard, disregarding everything else so that the Nation can exist.

True gratitude results from love. And love requires sacrifice. The essence of love lies in giving oneself to others, in giving oneself to great ideals, to ultimate values. Therefore, apart from this thanksgiving, my beloved, I turn to you--all Polish farmers--with a warm request: keep in mind all families who live in the cities, workers' families who, especially this year, find themselves in difficult conditions. Organize some form of help for them. Each village can adopt some families. Urban parishes may serve as intermediaries in finding out who are the neediest families. Please share your daily bread. As your families gather at the table let there be place for another person, another member of our Nation, especially from among the workers, whose conditions of living are often very harsh. And this is to be our thanksgiving acceptable to God.

You ask the Blessed Virgin for light: what else can you do, as Poles and as farmers, in the present complicated situation. And this should become our basic consideration. Seeing our good will, seeing these multitudes in need of truth, wisdom, and courage, the Blessed Virgin will grant us Her advice. What does our Lady demand from us believers?

She demands from us, first of all, a profound faith in God. It is she who shows us Her Son, in Her arms, brings Him closer to us and has no greater desire than the wish that all know God and that they truly live in and by God. Because He is the source of all good. At the same time He is the ultimate value among all values and good.

She demands that we live for the truth. When there is no truth, if whatever is created is based on lies or half-truths, it is doomed to fall in ruin. The lack of truth, lies, or half-lies are not the proper building material; they are not a cornerstone. To the contrary, they are destructive and whatever so erected upon them falls.

We know from the experience of the recent past how harmful--to the whole Nation, to each of us--how harmful was the propaganda of atheism. Atheism is a rejection of God and Truth. If one rejects God, one simultaneously rejects truth, justice, freedom, human dignity--everything becomes based on arbitrary values, on a blind force which aspires to the highest ethical and moral category. And we know very well where all this leads. Everything collapses, the sense of reality is obliterated and it leads to chaos, destruction, hatred, lies, and falsehood. These, oh Beloved, are not just theoretical speculations. We are talking about these things based on several decades of experience that have shown the practical meaning of the lack of truth in our lives.

Where there is no recognition of this ultimate value, man also becomes insignificant. No matter what declarations of the various humanisms there are, they will always degrade man because man's greatness is related to God. "You are not slaves but God's free children, God's sons. And if sons, therefore His heirs." And these are, my Beloved, two basic truths which we believers face today.

What does the Blessed Virgin want to teach us, what does she want to give to us? She wants to endow us with hope. Hope is the ultimate value in human life, without which life is impossible. The man who has lost hope altogether, he has lost a sense of life, he has lost a will to live. Because there are powers who would like to deprive us of this hope and make us passive, idle, and forlorn. With such hopeless people one can do what one wants. But a man who has hope will not surrender and survives even the greatest hardships since he knows that they will end, that even the darkest night will be followed by a bright day, and that a cold winter will be followed by spring.

Our hope is based on the deepest foundations of our faith and the ultimate values of our nation. This hope tells us that the ideals for which we strive and for which we fight in human dignity--wisely and peacefully--are indestructible. They will not become bankrupt. Mankind and especially our nation will not forsake them. Man was not created for slavery, but rather for freedom and dignity. One of these ultimate values is freedom in the most basic and full sense, not only that aspect of freedom "from," but the full sense of freedom that enables the full realization of human dignity in private and social life. Moreover: justice is our faith. In his blessings Jesus Christ rated justice supremely: "Blessed are those who desire justice, because they will be satisfied."

These values include also love. Our nation believes in love, not hatred. Our nation does not want hatred or vengeance even against those who have or who have been causing the greatest harm, the greatest suffering, because the nation knows that constructive powers spring from love. It is this love together with faith, and not hatred, that wins the world.

I do not wish to hurt or infuriate anyone. Yet I speak in the name of the Church, which has received from Jesus Christ a mandate to speak the truth. And just as a shoemaker is here to make good shoes, the farmer to produce bread, the Church is here in order to teach the truth, to defend the oppressed, to carry on Christ's duties. That is why, oh Beloved, in the name of this truth, one has to say clearly that the blind power that persecutes the youth and that oppresses the worker does not act in any positive sense whatsoever, either for the Nation or for itself. This is a very shortsighted policy, a very myopic perspective, and those who sponsor these methods will have to pay the highest price for it. Can the Church be indifferent to those sufferings, to persecution, to manipulation, to this terrible hypocrisy? If the Church betrayed this mission it would have fulfilled not God's purpose, but precisely the purpose of the adversaries of Our Lord.

In the small town of Przemysl with a population of about 60,000 people, factory workers gathered on August 31 in order to commemorate the anniversary in peace and, later on, to go to Holy Mass in the Cathedral. At some point, they were beaten. They were terribly beaten, and very often these were not even individuals who had joined the demonstration. On one street women with baby carriages were attacked with tear-gas. With tears they threw themselves upon their baby carriages to protect their children, who could easily have been injured and remained invalids for the rest of their lives. One could give thousands of examples from every town and city. Oh, my Beloved, can such things be tolerated in any civilized country?

Brother do not strike; do not raise your hand against your brother. Do not raise your hand against your sister if you want to belong to our nation. Do not excuse yourself with the orders that you have to follow: we have learned the lessons of history. There were people who excused themselves from civility because of the external orders they had to follow. Orders notwithstanding, individuals are held responsible and we shall not forget that.

Thus, the present demands from us obedience to God rather than to people. People will pass. But God continues and so does our immortality. Truth and justice will also be forever. But, Dear Brothers, there is still another reason for our hope. It is related not only to the fact that the values and principles in which we believe and toward which we strive are indestructible. It is also related to the idea that our Nation will never resign from its love for freedom, for justice, and for law and order. Our Nation does not threaten anybody, it does not desire anybody's harm. It does not desire anybody's territory, it does not want to take revenge on anybody; but it does desire law and order at home, it wants to preserve its dignity as God's children and as human beings. Whoever thinks otherwise, whoever thinks that these ideals can be deracinated from the soul of the nation, is greatly mistaken. On the contrary, the Nation will be even more determined in the pursuit of these ideals. The Church in Poland has been with the Nation for a thousand years and the Church will remain with the Nation for good or bad, because the Nation itself is in the Church and the Church is in the Nation.

Therefore, let us not be led astray by misquoted phrases from the speeches of the Pope, or of the Primate of some Bishop. These manipulations are intended to break the Church and the Nation, between workers and farmers. Yet they will be unsuccessful.

Today, oh Beloved, we do not want to speak solely about painful matters. We also seek concrete solutions. What are they? The good of the Nation and the good of the state demand:

The reestablishment of free trade unions with Solidarity at their head;

Amnesty for all prisoners who have been convicted and sentenced;

The release of all internees, including Lech Walesa;

The cessation of violence;

-- Negotiations with the Nation.

Today Poland has so many enlightened sons who are so well educated and so very much aware of their responsibilities that with a renewed trust, in a new atmosphere, Poland could be restored in a very short time since we love our Motherland with all our hearts. However, certain prerequisites have to be established. One has to return to the truth, to justice, to freedom, and to peace. It is only then that Poles will work, and that they will kill themselves with work out of a sense of duty and love for the national and social cause.

Man is the greatest treasure. And a modern Pole has gone through so much, through so many tests of history as very few people elsewhere. And therefore, if opportunities for genuine work are given to him, making it possible to restore the Nation and the country, the economy, and our social and cultural life, then everything will go back to normal. However, a Pole will never accept the role of a slave or an object. Therefore, by making the Nation a subject again and by opening up new possibilities, by trusting its maturity, its courage, and its wisdom, one can gain the best results. These are the teachings of Mary, Our Blessed Mother. These are the teachings for us as Poles, first of all as believers and next also as farmers.

What does the Blessed Mother demand from us? She demands the great love of the land which is the good of the whole nation. The love and defense of this land. And we cannot let ourselves be terrorized by evil or alien theories. The peasant has to be allowed to work. Ideology should not be mixed up with economy. Economy is governed by its own laws. One has to create such a situation in which the farmer will be treated with due respect and honesty, and not as a poor relative who for hours is kept waiting his turn in line at various offices and windows. The farmer grows his roots in his land, the roots of his life. This is his land. By being rooted in the land, the farmer defends it. He becomes the source of the whole Nation.

But today, our Blessed Virgin demands something else from the farmers who toil the land: she demands that we manifest a great sense of dignity, opposing all efforts to ridicule the work of the soil as a relic. Farmers should not reject their tradition. They should not reject their beautiful culture. The farming family is the family that teaches cooperation and responsibility for one's acts, since one cannot cheat the soil.

Therefore, my Beloved, I shall support a practical suggestion. In order that farmers can fulfill their duties, it is absolutely necessary that the farmers' union be reestablished, that it actively defends the rights of the peasants and, at the same time, the rights of the whole Nation.

Polish farmers and the whole Nation needs unity. Adversary forces wish to estrange us: the farmer and the peasant, the Church and the Nation. They wish to pit one group against another according to the principle: "Divide et impera"--divide and rule. We have to be aware of this danger without losing our sense of reality; only in unity shall we be victorious, achieving our just aims without persecuting or harming anyone.

Oh Blessed Mary--the Queen of Poland, the Nurturer and Mother of the Lord!--we have come here today to you chagrined but full of hope and trust. We have brought our thanksgiving for this bread, for the harvest, for everything that you give us. And we beseech you: Bless all of us, and through us, bless the whole Nation with grace, wisdom, courage, fortitude, and prudence so that we will fulfill our duties commensurate with our times as human beings, as Poles, and as farmers.

Amen.

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