He was fined PLN 350,000 for the prosecutor’s mistakes. Now he wants to sue the prison.

The court – in defiance of Ms. Prosecutor – granted the man high compensation. After our article on the Łomża’s living hell of the resident Łomże the trial was attended by journalists from all over Poland. From local media, through regional ones to nationwide TVs. Before their eyes the judiciary admitted that the man from Łomża was right.

We covered the case of Daniel Kasprzyk, aged 50, who was beaten and raped twice in the remand by his inmate, in the previous issue of TVP Weekly. We have shown the tragedy of this resident of Łomża and a number of irregularities in the case of alleged pedophilia. Including the highly controversial (euphemistically speaking) conduct of the prosecutor, Anna Zejer who first – despite withdrawing testimonies incriminating Kasprzyk – refused to release him from prison. And then (representing the prosecutor’s office in the case of damages – so, in fact in her personal interest) recognized that the court of first instance had made a mistake and granted a “grossly high compensation”. She offered Kasprzyk PLN 30,000 (in the appellation she doubled this amount), explaining that the man could “become rich groundlessly”.

Falsely accused, raped in prison by Chechen, acquitted. Demands one million in compensation

The prosecutor who put him in custody is today fighting to prevent him from receiving a large compensation payment.

see more
Justifying the sentence she denied that the rape itself had taken place, claiming that “there was no sufficient evidence for this”. She wrote that “the scope of the infringed (...) goods was not so painful and far-reaching in the non-property sphere of the applicant that it was unreasonable to award compensation in such a large amount” – and argued that Kasprzyk was not “a well-known person, whose arrest and, as it were, public trial took place in the light of television cameras. He did not perform a profession of public trust”.

The prosecutor Zejer – although she is a spokeswoman of the Łomża prosecutor’ office as well – cooperated with the media reluctantly. She answered laconically and disrespectfully to the questions posed by TVP Weekly – which we described in our publication last week. Only when we contacted the spokeswoman of the Ministry of Justice, Agnieszka Borowska and the spokesman of the national prosecutor’s office, our editorial team received exhaustive information from the Białytok prosecutor’s office.

Talking to TVP Weekly, the victim’s lawyer harshly criticized the prosecutor’s conduct – if the prosecutor’s office made so much effort and energy in chasing crimes committed in prisons instead of discussing groundless appellations for the sums of compensations, there wouldn’t have been all those human dramas – says the attorney Jakub Harkiewicz.

Although Kasprzyk petitioned for PLN 1 million in compensation, the three-times-smaller amount is also his huge success. – Our drama lasted 4 years – the man tells us. “Neither I nor my wife are able to work anymore. We haven’t been granted a pension either. We live in a rented apartment, and we exist only thanks to people of good will and loans from friends. This judgment is our salvation. We can pay off debts. Maybe we will be able to buy our own place – plans the 50-year-old, who survived Gehenna first in prison, and then leading a long-term dispute with the prosecutor’s office for damages.

The story of the inhabitant of Łomża shows that despite many years of efforts, the Polish prison system has still not freed itself from numerous pathologies. The case files include a testimony of a former employee of Czerwony Bór prison, psychologist Marta P. (name to the editorial office). “I remember Daniel Kasprzyk from one incident concerning being beaten by Islam A. During the conversation, Kasprzyk reported the fact that he had been raped by Islam. Mr. Kasprzyk was not able to report this fact immediately, due to the fact that Islam introduced measures in the cell that were to prevent any of the inmates from reporting to a psychologist or tutor,” – said the woman.
Daniel Kasprzyk. Photo: author's archive
According to her account it was Islam A., accused of murder, who decided on the rights and livelihoods of other prisoner in the Czerwony Bór penitentiary. While the warders solely watched the situation passively. Apparently the Chechen would find a victim, whom he tormented, in every cell where he was placed in. Ms. Psychologist explained why it was hard to prove that he committed rape: “Islam created such an atmosphere among the incarcerated that he engaged them in his criminal actions against the prisoner Kasprzyk. He force one of the incarcerated to strangle Kasprzyk so that he could pretend it wasn’t him.

As we’ve already mentioned in our last article – after Kasprzyk had accused the inmate of rape, nobody did on him proper examination that could confirm those accusations.

However, according to our information, four inmates who abused the 50-year-old later testified in writing that the man had been raped. “After that, the educator was to tear their statements about the course of events to pieces and ordered them to claim that nothing of the sort had happened”, says Daniel Kasprzyk. And Marta P. testified: “Getting information from the other inmates, who were very scared, took about 3 hours for anyone to speak at all” . SIGN UP TO OUR PAGE The psychologist related the further course of events: “At that time, together with the then director, who is already retired, we wanted to present in this statement and these materials what others actually confirm. Maybe it was wrong thinking, but it seemed right to us at the time, so as not to dilute what we could prove. And the fact that Kasprzyk was beaten, that there was a strangulation, was confirmed by fellow inmates. They said they had not seen the rape. And we were afraid that if we start adding other things there, we won’t be able to point out the fault too much, and indeed it happened that the director and I talked about how to do it so as not to dilute this crime. What we could, there were explanatory activities carried out and what we were able to confirm was contained there. I don’t know, maybe it was a mistake, it was so hot back then. Conversation with Kasprzyk was also difficult, it was hard for him to get anything out of himself. It seemed right to us at the time”.

After the rape in Kasprzyk, the psychologist resigned from her job in the prison and retired.

In addition, according to the resident of Łomża, information that he was suspected of pedophilia was to be passed on to the Chechen by a prison tutor. And – as we know – those accused of pedophilia are treated by their fellow prisoners with exceptional cruelty. – I did not tell anyone what I was under temporary arrest for. Islam learnt that from his tutor, they knew each other very well, testified Kasprzyk. – On the first day, the Prison Service immediately said that with such an article I should get a “hoof” [i.e. be badly beaten – ed.]. They insulted me.
The very fact that the man was placed in a multi-person, unmonitored cell with the most dangerous criminals shows the extent of negligence on the part of the Prison. When we present this information to Paweł Moczydłowski, a colonel of the Prison Service, who in the years 1990-1994 headed the Central Board of Prisons at the Ministry of Justice, he cannot believe it. – This is absolute arbitrariness in the work of the prison. Working there resembles Zimbardo’s experiment, in which we deal with unprofessional prison staff and an absolute lack of control from superiors, both direct and those higher up in the headquarters. It is possible that this is a conscious work, a social rehabilitation method. That is, the use of “leaders of the second life” to maintain “order” among prisoners. In this case, prison officers seem to believe in the values of prison pop culture, which treat pedophiles cruelly. Almost like in Putin’s penal colonies, regrets Moczydłowski.

We have managed with another person, well orientated in the situation in Polish prisons, now retired. Our interlocutor, who wishes to remain anonymous, draws our attention to how important an experienced tutor in such a place is. Because it is he who first should notice that something bad is going in this or that cell – First of all he should be present during meal serving – he explains. Every prisoner receives their portion in person. When he sees that a prisoner is not allowed to the door, it’s a signal and alarm that this person may be persecuted.

Daniel Kasprzyk doesn’t rule out suing the Czerwony Bór prison for damages – in in a civil suit. – Karol Wasilewski
– Translated by Dominik Szczęsny-Kostanecki

TVP WEEKLY. Editorial team and jornalists

Main photo: The armoury of the Prison Service Intervention Group in one of Poland’s prisons. Photo: PAP/Andrzej Lange
See more
Civilization wydanie 22.12.2023 – 29.12.2023
To Siberia and Ukraine
Zaporizhzhia. A soldier in a bunker asked the priest for a rosary and to teach him how to make use of it.
Civilization wydanie 15.12.2023 – 22.12.2023
Climate sheikhs. Activists as window dressing
They can shout, for which they will be rewarded with applause
Civilization wydanie 15.12.2023 – 22.12.2023
The plane broke into four million pieces
Americans have been investigating the Lockerbie bombing for 35 years.
Civilization wydanie 15.12.2023 – 22.12.2023
German experiment: a paedophile is a child's best friend
Paedophiles received subsidies from the Berlin authorities for "taking care" of the boys.
Civilization wydanie 8.12.2023 – 15.12.2023
The mastery gene
The kid is not a racehorse.