Violations of Human Rights Smolensk Case

1. 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.

2. 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

3. Cover-up Harms the Families of the Victims • Exerting undue pressure on the families during the 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.”

4. Implicating President Lech KaczynskiCommander-in-Chief of the Polish Armed Forces • Alleged statements “He will go crazy” never made by the pilots. • “Serious consequences” allegations unfounded. • 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.

5. Dishonoring General Andrzej Błasik Commander-in-Chief of the Polish Air Force • General Blasik did NOT pressure the pilots to land • 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 • The Russians reported 0.6‰ of ethanol in General’s blood. • No alcohol was brought on board of this airplane for this flight. • No alcohol was found in the liver of Gen. Blasik. • Bad faith manipulation

6. 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.

7. 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.

8. 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!

9. 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 crimeis consistent with the adverse treatment of the Smolensk crash victims. The Smolensk Crash that derives from the Katyn Crime requires international investigation.