Kwestia unieważniania prawomocnych orzeczeń sądowych wydawanych wobec księży w Polsce w latach 1944–1989

Abstract

The paper focuses on the invalidation of unappeasable judgments delivered against priests in Poland before 1989. The Catholic Church was repressed during the communist period and the priests were persecuted. The communist campaign against religion attempted to abolish religion in Poland. The Catholic Church provided resistance against the totalitarian regime after World War II. The point of the paper’s deliberations is an analysis of the Act of 23 February 1991 on the annulment of convictions of persons persecuted for activities aimed at achieving independence for Poland. Regulations of the Act of 1991 are important elements of transitional justice. Pursuant to article 1 of the Act of 1991 convictions and other decisions rendered by the Polish judicial and prosecuting authorities between 1944 and 1989 could be invalidated. The invalidation concerns the convictions which were sentenced because of politically-motivated activity for the independence of Poland. The situation that the priests were persecuted not only because of religion but also because of political activities for the sovereign existence of Poland, allows annulment of verdicts issued against them by Polish organs. After the invalidation of conviction, the convicted individuals could bring compensation claims according to article 8 of the Act of 1991.

Keywords

• repressions
• Church
• priests
• compensation
• rehabilitation