A man who was wrongly imprisoned for 18 years for the rape and murder of a teenage girl that he did not commit has been awarded almost 13 million zloty (€2.9 million) in compensation, the highest such payout ever granted in Poland.
The ruling means that “my nightmare is over”, said Tomasz Komenda, who was released from prison and acquitted in 2018 at the age of 41, after forensic evidence confirmed his innocence.
His lawyer has, however, emphasised that nothing can truly compensate for his client’s lost years in prison, where he attempted suicide three times.
A man who spent 18 years wrongly imprisoned for a murder he did not commit before finally being released and exonerated last year has filed a demand for almost 19 million zloty compensation: 1 million for each year in prison plus 800,000 in lost earnings https://t.co/mjii1QI8Is
— Notes from Poland 🇵🇱 (@notesfrompoland) April 17, 2019
Komenda was detained in 2000, at the age of 23, accused of the rape and murder of 15-year-old Małgorzata Kwiatkowska, whose body had been discovered in Miłoszyce, near Wrocław, on New Year’s Day in 1997.
After a police composite sketch of a man linked to the victim was broadcast on a television programme about her murder, Komenda was identified as a suspect in the case, reports Polityka. Experts also suggested that hair and tooth marks from the scene could be linked to him, although they noted that they might belong to other people too
During police interviews, Komenda initially confirmed he had been in Miłoszyce on the night in question and had had consensual sex with a girl there. But later he said he had been forced to confess under duress, including physical violence against him. Twelve people had provided alibis saying he was at his home in Wrocław on the night in question.
In 2003, Komenda was found guilty and sentenced to 15 years in prison, which was later increased to 25 years on appeal.
Tomasz Komenda, the Polish man recently released after being wrongly imprisoned for 18 years for the rape and murder of a teenage girl that he did not commit, has been granted an audience with Pope Francis in the Vatican @Pontifex @Pontifex_pl https://t.co/fGkgA9zWn7
— Notes from Poland 🇵🇱 (@notesfrompoland) June 13, 2018
However, a 2016 investigation into the case, encouraged by the victim’s parents, revealed that Komenda was in fact not linked to the murder. New forensics on traces from the crime scene showed that the original findings were unreliable, and witness testimonies were also re-evaluated.
Komenda was provisionally released in March 2018, and the Supreme Court quashed his conviction in May of that year.
Speaking when Komenda was released, a judge, Jerzy Nowiński, said his sentence had been the result of “a wave of errors and mistakes”. He also suggested that courts “may have operated under some pressure,” reported Polityka.
Last year, a court in Wrocław sentenced two men, named only as Ireneusz M. and Norbert B., to 25 years in prison for Małgorzata Kwiatkowska’s murder, after new evidence from her clothes and body linked them to the scene.
In 2018, Komenda launched a claim for almost 19 million zloty compensation from the state: one million for each year spent in prison plus 800,000 for lost earnings.
The prime minister, Mateusz Morawiecki, announced at the time that he was authorising a special payment of 4,000 zloty per month to Komenda until his compensation case was decided.
Nic nie wynagrodzi Panu Tomaszowi Komendzie cierpień, jakich doznał przez niesłuszne skazanie i pobyt w więzieniu. Ale sprawiedliwe państwo musi działać i musi mu pomóc. Podjąłem więc decyzję o przyznaniu Panu Tomaszowi renty specjalnej, do czasu aż uzyska odszkodowanie w sądzie.
— Mateusz Morawiecki (@MorawieckiM) March 29, 2018
During court hearings, Komenda and his family were required to give information regarding his experiences in prison and his difficulties in readjusting to life outside jail.
One of his lawyers, Zbigniew Ćwiąkalski, said that no compensation could restore the years his client had spent in prison. He stressed that Komenda had suffered a “real nightmare” behind bars, where he was mistreated by prison staff and his fellow inmates.
Yesterday, the court awarded Komenda 12 million zloty compensation, plus an extra 811,533 zloty in damages. Lawyer Ryszard Kalisz told TVN24 that it was “the highest amount of compensation in the history of the Polish judiciary”, but it seemed “fair” given the nature of the case.
The amount awarded is not final, and could still be appealed. In a statement quoted by Onet, Komenda said he did not have any concrete plans about an appeal. “Some time has to pass and then I will know what to do next,” he added.
However, he expressed satisfaction that he would now be able to “finally start to live”. He also said that he would be spending time with his son, who was born in December.
Main image credit: Krzysztof Cwik / Agencja Gazeta
Juliette Bretan is a freelance journalist covering Polish and Eastern European current affairs and culture. Her work has featured on the BBC World Service, and in CityMetric, The Independent, Ozy, New Eastern Europe and Culture.pl.
