LONDON and MOSCOW — An uncommon libel case in Poland pertaining to the Holocaust has the potential to have an effect on each the way forward for tutorial research in addition to how the nation involves grips with its therapy of Jews throughout WWII, advocates say.
The case is the primary of its variety dropped at the Polish courts since a controversial 2018 regulation from the nationalist authorities made it a civil offense to make false accusations about Poland’s historical past within the Holocaust.
Jewish organizations and historians have warned that the result, anticipated on Feb. 9, could be far-reaching — affecting the destiny of Holocaust research within the nation, and poses an “enormous threat to freedom of speech.”
The case, towards the historians Barbara Engelking and Jan Grabowski, hinges on only one paragraph printed within the 1,600-page, two-volume assortment that they co-edited, entitled “Night Without End: The Fate of Jews in Selected Counties of Occupied Poland.” An English translation of the e-book might be printed by the University of Indiana in April.
At the middle of the case is the now-deceased Edward Malinowski, the village elder of Malinowo, who in WWII each allegedly robbed and saved a Jewish lady, Estera Siemiatycka, by discovering her work as a pressured laborer. Had the Nazi authorities identified she was Jewish, she would have been executed.
Siemiatycka, who can also be deceased, testified in Malinowski’s protection in a 1950 trial for alleged collaboration with Poland’s Nazi occupiers and he was acquitted of the fees.
In the disputed paragraph, the historians primarily based their claims on a later 1996 interview Siemiatycka gave to the Shoah Foundation at USC, which collected oral histories from the Holocaust. Recounting that testimony, the paragraph stated that Siemiatycka “realized that [Malinowski] was an accomplice in the deaths of several dozen Jews who had been hiding in the woods and had been turned over to the Germans.” The paragraph additionally stated her 1950 testimony was “false.”
“After the war ended, he [Malinowski] would have been given the death penalty,” Siemiatycka said in 1996. “I saved him, even though he did a lot of harm to me.”
“It was this source that I found most reliable for reconstructing the story of Estera Siemiatycka,” Engelking advised ABC News.
Engelking advised ABC News she believed Siemiatycka had a “temporal and emotional” realization and the e-book prompt that she had given testimony supporting Malinowski as a result of “she was grateful to him for saving her life, she wanted to repay him with good in spite of all the evil she had suffered from him.”
Filomena Leszczyńska, Malinowski’s 81-year-old surviving niece, with the assistance of the Polish Anti-Defamation League (RDI) — a government-backed group whose aim is “clarifying untrue information” about Poland’s previous — has claimed that the paragraph within the e-book violated her private rights by defaming “a Polish hero who hid Jews during WWII.” The RDI argued in courtroom that Engelking had mistaken the village elder for one more Malinowo inhabitant of the identical title when referring to commerce dealings between the pair, and subsequently the premise of their research was flawed.
“The paragraph does indeed contain an error, namely the attribution of trading with Estera to [elder] sołtys Malinowski but this in no way violates the personal rights of Edward Malinowski or his niece,” Engelking stated. “In the realm of research, such errors are reported at most in reviews or in subsequent publications and if the book has another addition an appropriate amendment is made.”
Leszczyńska introduced the case in Warsaw district courtroom in June 2019 after listening to in regards to the allegation on the radio, stated Engelking, the founder and director of the Polish Center of Holocaust Research. Leszczyńska sued the historians for 100,000 Zloties ($27,000) and demanded an apology in a number of main newspapers final 12 months.
“On the surface, the civil litigation at the heart of this story involves an old lady wanting to defend the good name of her family, allegedly tarnished by the authors of a book ‘Night Without End,'” Grabowski advised ABC News. “In reality, however, the entire lawsuit has been prepared, launched and financed by a militant right-wing, nationalistic organization funded directly by the Polish state and serving as a proxy for the Polish authorities,” he added, referring to the RDI.
Grabowski, a professor of historical past on the University of Ottawa, additionally decried the attain of the claims within the case.
“Should the lawsuit be successful the alleged assault on ‘national pride’ or ‘national identity’ can trigger a lawsuit from anyone who considers his ‘national identity’ threatened by any given scholar,” Grabowski stated. “This, in practical terms, would place independent Polish scholars of the Holocaust in an impossible position. Which is precisely the goal which the authorities want to achieve.”
Maciej Swirski, the top of the RDI, advised ABC information that the group isn’t utilizing authorities funds within the case, and as an alternative depends on crowdfunding. He stated the case had “nothing to do with preventing scientific research.”
“This private lawsuit’s intention is to protect the memory of Ms. Leszczyńska’s ancestor — the deceased Edward Malinowski, a hero, who rescued Jews during the war,” he told ABC News.
Historians and various Jewish societies across Europe say the case has potentially far-reaching implications.
“Lawsuits of such type aim above all to undermine the credibility and competence of the people sued to burden them financially, with high penalties and legal costs, and to provoke a “chilling effect” i.e. – in this case – to discourage other researchers from investigating and writing the truth about the extermination of Jews in Poland,” Engelking said.
The country has long struggled to come to grips with its wartime history. In 1939, 3.3 million Jews lived in Poland, but by the end of the war, 90% of them had died, with the remaining 300,000 survivors mostly living in the Soviet Union, according to the POLIN Museum of the History of Polish Jews.
This is not the first time the role of Poland in the Holocaust has been called into question in recent years. A diplomatic spat ensued with Israel over the passing of the controversial law of 2018, which initially made it a criminal offense to make false accusations about Poland’s history in the Holocaust. The law was later amended to make this only a civil offense.
The current trial has prompted a tense exchange of letters this month between the Polish ambassador to Israel, Marek Magierowski, and the Center of Organizations of Holocaust Survivors in Israel. Magierowski wrote the lawsuit was a “civil case” and it would be a “malign interpretation” to consider the trial “an assault on freedom of research.” The Polish Ministry of Foreign Affairs didn’t reply to ABC News’ request for remark.
There is extra at stake within the trial than freedom of inquiry, however management over nationwide id, critics of the courtroom case say.
The historical past of complicity and safety, on the coronary heart of Malinowski’s story, encapsulates the broader struggles nationalists within the nation have had in coping with Poland’s position within the Holocaust, in accordance with Gabriele Lesser, a journalist and historian who specializes within the occupation of Poland.
“As Barbara Engelking pointed out — with specific sources supporting it — that the same individual could both save Jews and denounce Jews,” she advised ABC News. “This complexity is part of the reality of Judeo-Polish relations during the war… The nationalist camp which ‘defends national pride’ does not want to see this complexity. Judges are now placed in a situation of having to rule on research that goes beyond their required area of expertise.”
Mark Wiesenthal, director of presidency affairs on the Simon Wiesenthal Center Simon Wiesenthal Center, an NGO that combats anti-Semitism primarily based in Los Angeles, stated the courtroom proceedings was an “attempt to use the legal system to muzzle and intimidate scholarship on the Holocaust in Poland.” And the Paris-based Foundation for the Memory of the Shoah stated the case represented a “pernicious attack at the very heart of research.”
“Let’s be frank: 100,000 Polish Zloties ($27K) is a lot of money in Poland,” Zygmunt Stępiński, the director of the POLIN Museum, advised ABC News. “A Holocaust researcher will think twice before researching and publishing his/her findings in Poland. The new strategy is a form of censorship and intimidation of researchers before publishing their work, fearing persecution and charging them with legal defense costs.”
A verdict within the trial might be delivered on Feb. 9.