CRASH OF THE POLISH GOVERNMENTAL AIRPLANE Tu-154M, FLIGHT 101
APRIL 10, 2010, SMOLENSK, RUSSIA
Violations of Human Rights
Smolensk Case
Maria Szonert Binienda, Esq.
Inhumane and Degrading Treatment
 Inaccurate identification of the victims
 False post-mortem reports
 Prohibition to open the casket before burial
 Prohibition of private exhumation and autopsy
 Immediate cause of death not determined
 Disrespectful treatment of the bodies
 Crash site and key evidence destroyed
 Victims’ valuable personal belongings stolen
Cover-up
Harms the Families of the Victims
 Exerting undue pressure on the families during the
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identification process and burial
Lying to the families
Intimidating the families
Publicly offending the families
Creating a negative public image of the families
Discrediting any criticism of the investigation of the
Smolensk crash as a “political game.”
Discrediting any discussion of a terrorist attack as
a “conspiracy theory.”
Implicating President Lech Kaczynski
Commander-in-Chief of the Polish Armed Forces
• Alleged statements “He will go crazy”
never made by the pilots.
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“Serious consequences” allegations unfounded.
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2008 Azerbaijan incident unfairly exploited
Pilot who refused to land in Tbilisi subsequently flew
71 missions requested by President Lech Kaczynski
“Negative reaction of the Main Passenger” allegation
speculative and unfounded.
No evidence that President Lech Kaczynski
exerted any pressure on the pilots to land.
Dishonoring General Andrzej Błasik
Commander-in-Chief of the Polish Air Force
 General Blasik did NOT pressure the pilots to land
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General Balski was not in the cockpit
 The voice of General Błasik not identified by official CVR reading.
 The body of General Błasik was found with 12 other bodies.
Neither the pilots nor the cockpit were found in this area.
 General Blasik was NOT drunk
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The Russians reported 0.6‰ of ethanol in General’s blood.
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No alcohol was brought on board of this airplane for this flight.
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No alcohol was found in the liver of Gen. Blasik.
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Bad faith manipulation
Dishonoring Military Pilots
of the Polish Air Force
 Pilot falsely accused of not ordering to “go
around” at the minimum descent altitude.
 Allegations of Pilot’s “high level of
conformity” baseless
 No psychological pressure on the Pilot to land
other than what is normally expected for the
VIP flights.
 Credentials and qualifications of the pilots
distorted and underrated.
Article 3 of the European Human
Rights Convention (“EHRC”) Violated
 The Smolensk victims and their
families have been subjected to
inhuman and degrading treatment;
 The families of the Smolensk victims
are denied effective investigation
into the death of their loved ones.
Right to Due Process of Law Violated
Right to an effective remedy
before a national authority
under EHRC Art. 2 & 13 violated!
Right to an independent and
impartial tribunal established by
law under EHRC Art. 6 violated!
Smolensk Crash becomes Second Katyn
 The Polish Patriotic Elite Killed
 The Polish Armed Forces Dishonored
 Cover-up Implemented
 The lack of atonement for the mass murder of the
Polish officers symbolically known as the Katyn crime
is consistent with the adverse treatment of the
Smolensk crash victims.
The Smolensk Crash that derives from the Katyn Crime
requires international investigation.