Six people who were filmed celebrating Adolf Hitler’s birthday while wearing Nazi uniforms and saluting in front of a burning swastika have been found guilty of promoting fascism. The group were all given suspended prison sentences, a punishment prosecutors argue is too light.
The incident took place in 2017 in a forest near the town of Wodzisław Śląski. But it only came to wider public attention the following year, when broadcaster TVN showed footage of the event that it had secretly filmed during an undercover investigation into Polish neo-Nazis.
Participants in the celebration made Nazi salutes and shouted “Sieg Heil!” Toasts were made to Hitler and a cake in the colours of the flag of Nazi Germany, topped with a swastika made from chocolate bars, was served.
To nie są żarty. Polscy neonaziści świętują urodziny Hitlera.
A to wszystko dzieje się kilkadziesiąt lat po wojnie, w której zginęła prawie jedna piąta Polaków. #toteraz #superwizjer @superwizjer_tvn pic.twitter.com/aLMePSS7fJ
— toteraz (@toteraz) January 22, 2018
Yesterday, the trial of five men and one woman accused of participating in the event concluded, with the judge, Dawid Kopczyński, finding them guilty of publicly promoting fascism, which is a crime in Poland.
The defendants had argued that their event was a private one, not public, and therefore not covered by the law. The judge, however, noted that the location was visible to others in an area frequented by pedestrians and cyclists.
The main organiser of the event, Mateusz S. (whose surname is hidden under Polish privacy law), also denied that they were promoting fascism, with his lawyers saying it was a “historical performance”. The judge also rejected this line of defence.
“One cannot agree that wearing a swastika armband is normal in our country,” said Kopczyński, quoted by TVN. “It is very harmful for society to display such symbols in public view, to perform gestures and sing anthems of this type.”
“The accused are adults, they are aware of what happened during the Second World War in Poland, they know what the Nazi regime looked like, and yet they decided to organise this event,” he continued, adding that failure to punish them would encourage others to do the same.
Poland suffered enormously under Nazi German occupation. Around 17% of its population were killed during the war, a higher proportion than in any other country. The almost six million Polish citizens who died included around three million Polish Jews.
The crime of publicly promoting fascism carries a potential prison sentence of up to two years, and prosecutors had demanded jail terms for the accused. However, the judge decided to issue only suspended sentences.
Mateusz S. – who was also accused of promoting fascism at a separate far-right festival and a concert – was given a suspended jail term of one year and four months. At the time of the crimes, he was leader of a group called Pride and Modernity (Duma i Nowoczesność), which was dissolved by another court in 2019.
The five other defendants were given suspended sentences of between three months and one year and four months for promoting fascism and, in one case, illegal possession of ammunition. The sentences are not yet legally binding and can be appealed.
Prosecutors have already indicated that they will appeal, as they find the sentences to be too light, reports the Polish Press Agency (PAP). A lawyer representing Mateusz S. also indicated that he would appeal, as he maintains the event was not a public one.
Main image: TVN Superwizjer (screenshots)
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.
