History

“No” to distortion of the Home Army’s history. Polish veteran against German TV station

Captain Zbigniew Radłowski was well prepared for a long fight when, at the age of 89, he began a legal battle for the good name of himself and his Home Army fellow soldiers. When he achieved victory over the most powerful German TV station in the court of first instance, he knew it was not the end. At the age of 94 he announced that he was not at death’s door and was ready for further struggle. When the Court of Appeal agreed with him, the whole country trumpeted the victory of a Polish veteran. But the German party continues to appeal against the ruling.

813 days. This many have elapsed since the legally valid sentence in the case brought by Capt. Radłowski against the media giant that is the ZDF TV channel. For the now 99-year-old veteran days are a measure of time as each one is a struggle for the next. In turn, for the court they are merely subsequent moments in the wait for proceedings and the dispute over who should examine the appeal. So far, the Germans have rejected four candidates put forward by the Polish Supreme Court.

Germans would be “good” and Poles would still be “bad” had it not been for the war?

The former prisoner of Pawiak and Auchwitz as well as the hero of the Warsaw Uprising brought a lawsuit against a German state-owned TV station. He accused the Germans of “infringing the right to identity, dignity and national pride as well as the right to freedom from hate speech”. That was caused by the series broadcast by ZDF and produced by a German film studio UFA Fiction. The Captain, supported by the World Association of Home Army Soldiers, demanded an apology and clarification of the film’s distorted message about the AK (Armia Krajowa – Home Army).

The German broadcaster too had quite an interest to defend. To admit to having made a mistake would imply far greater losses than the cost of the clarification programme. It is also a different approach to history, which was crucial in the case of the series “Unsere Mütter, unsere Väter” (“Our mothers, our fathers”).

SIGN UP TO OUR PAGE The authors of this miniseries present five friends, nice twenty-year-olds. The war will alter their destinies and lead in different directions, yet, no matter what they do or what they commit, their actions will be determined by the cruelty of the times, not bad will or nature.

Everything changes when Polish partisans appear on the screen. The main subject of litigation is the scene in which men with white-and-red armbands known form the Warsaw Rising halt a transport of Jews going, as it turns out, to a concentration camp. One of the so-called AK soldiers, smiling cynically and speaking with a bizarre accent which was probably unintentional, utters a few sentences which will be remembered even by the least fragile spectator: “We will drown the Jews like cats” or “Jews are as dirty as communists or Russians. Better dead than alive”.

A similarly shocking impression remains after the scene where a “Polish partisan” opens the door to a van full of prisoners in striped uniforms. He looks at them for a while in disgust, then, having understood that these crowded people are Jews, closes the van. The conclusion imposes itself: the Polish soldier had a choice, but, as we can assume, his inborn anti-Semitism made him act in such a shameful way.

Germans: we were waiting for this kind of film

When 10 years ago the series was broadcast for the first time, the vast majority of German viewers welcomed it almost euphorically. The German critics wrote with enthusiasm that they had waited for this kind of film. New generations were tired of remembering the war on their knees. The time had come to point out other culprits, if not immediate ones, then the moral ones. Less numerous voices of critique from the other side of the Oder saying that history didn’t look so uplifting in reality were deafened by the admiration of a 20 million German audience, multiplied in subsequent countries and further continents. It was specifically from “Our mothers, our father” that viewers in Japan or Australia learned about the role that Poles had allegedly played in WWII without having the slightest idea what it was like. The Americans even awarded the producers an Emmy in the Best TV Miniseries category. Anyway, it was just one of many awards that went to German creators.

There were also good partisans… from the left-wing

Against the backdrop of the film’s growing popularity a lawsuit progressed after an accusation was brought by Capt. Radłowski – one of the genuine AK soldiers. The case, filed in 2013, progressed slowly at first, but three years later it gained momentum despite further problems piled up by the opposing party. German witnesses called by the Polish court were reluctant to testify. The German side felt disturbed by Polish expert witnesses who “were raised in the cult of the Home Army”, which, according to the ZDF lawyers implied a risk of bias in the opinions they had prepared.

Among the called witnesses there was prof. Julius Schoeps, a well-known German historian, acting as a consultant in the series. On the occasion of the film’s première on Polish Television he gave it an interview in which he stated that “within the ranks of the Home Army there were anti-Semitic groups and there is nothing new about it”, though he added for consolation that there were also good partisans… form the left-wing, which helped the Jews. Either way, he did not conceal the true reasons for his pushing forward such interpretation of history: “I’m a Jew and a German citizen, therefore I have a slightly different perspective from somebody who is not Jewish – he pointed out in the interview. Testifying before the Polish court via video links from Potsdam, he left the hearing without saying a word, concluding that he wasn’t accurately translated.
The leads in the film “Our mothers, our fathers”. Photo: David Ebener dpa/lby pap/dpa. Provider: PAP/DPA
Another witness in this case was Nico Hofmann, the producer. In an interview for Polska Press he admitted that for him the series was an occasion to build a dialogue with the passing generation of his parents, participating in the last world war. His father, as he confessed, was a “German soldier who shot and killed”, he portrayed his mother as an “ardent partisan of Adolf Hitler who belonged to the BDM (Bund Deutscher Mädel – League of German Girls). Hofmann also admitted in the interview that he hadn’t taken into account the reaction of Polish audiences and he acknowledged that to be his mistake, along with a lack of direct consultation with Polish historians during the film’s production.

However, he found no time for further hearings, at the last possible moment excusing himself with important business trips. Meanwhile, another producer showed up at the trial – Benjamin Benedict who admitted it was a historical movie but, at the same time, he defended the thesis of the film’s artistic vision to which the authors are always entitled.

The trial at first instance, held before a court in Kraków, ended up by the end of 2018 with a victory for Capt. Radłowski and the World Association of Home Army Soldiers. The judges did not order the Germans to publish an apology in every TV station where the series was broadcast as it was demanded by the Polish side. The apology was limited to two German channels. However, the court inflicted a punishment that somehow ruined the idea of the film’s authors. Before each broadcast a screen was to be displayed containing facts carefully omitted in the film, e.g. that it was the Germans who occupied Poland, that they carried out a policy of extermination against Poles and Jews that it was the Home Army that protected and hid Jews, that thousands of Poles, including AK soldiers, were murdered trying to save Jews.

This provision somewhat ruined the concept of the film, depriving it of the status of a filmed “history textbook” and limiting it to the author’s fantasies, based on individual impressions.

It was clear at that point that the case would go to the Court of Appeal. Captain Radłowski had no doubts either. As long as the Germans don’t apologize to me, I’m not going anywhere – he laughs, knowing that despite his old age he must be prepared for further struggle. And it took until March 2021 when the court of second instance ordered the German TV station to publish an apology to the Polish Home Army veteran.

An ace up the sleeve…

Law is law but justice has remained with the more powerful. The Germans didn’t apologise to anyone, they lamented that he Polish court didn’t show sensitivity to artistic freedom. – As a matter of fact, this case doesn’t concern anything other than the scope of freedom, artistic creativity. Barr. Piotr Niezgódka representing the defendant, i.e. the broadcaster and producer claimed that this case wasn’t about judging the Polish or German historical policy. The German TV station knew it had an ace up its sleeve. That is to say: time: In the event of the Captain’s death, the case will be automatically dismissed.

After the final verdict was announced, representatives of ZDF and UFA Fiction filed a cassation appeal with the Polish Supreme Court. The legally valid sentence was not to be pronounced before the cassation appeal has not been examined. Recently, the Court of Appeal in Kraków has rejected an application by the World Association of Home Army Soldiers to overturn the order suspending the execution of the verdict. The enforcement of which being dependent on the Supreme Court examining the application – while the latter remains invariably at the stage of selecting a judge to do it.

The problem lies in the German party rejecting subsequent judges, pointing out that they were appointed by the new National Council of the Judiciary. According to the law office representing Capt. Radłowski and the World Association of Home Army Soldiers, four judges have thus been rejected and there is no chance of setting a date for the cassation hearing at the moment.
- In this case my nearly 100-year-old client calls for justice. It is incomprehensible to him that a case which started in 2013, when we filed a complaint, after 10 years is still pending. In spite of the legally valid sentence the Court of Appeal in Kraków suspended the execution of the verdict and dismissed our request to change it, that’s why we are waiting for the Supreme Court to decide. That’s a very disappointing situation for my client but as Mr Captain is an optimist, he believes he will live to see justice done – says Barr. Dr Monika Brzozowska-Pasieka, who represented the Polish party during the trial.

The Captain’s reminder

Indeed, Captain Radłowski’s optimism and fortitude are unique. The Polish veteran is ailing, he had his leg amputated, he went down with Covid-19 twice, yet he believes he will live until an apology is made for distorting the history and memory of the Home Army. After having won the Kraków trial he even sent out this reminder: “Everything is in your hands and in your hearts. Do what you can – to protect the truth – so that you don’t have to be ashamed and apologise for the sins your fathers, grandfathers or great grandfathers didn’t commit. So that you don’t have to pay for they crimes they didn’t perpetrate. Poles are a great and brave nation, ready to help others and to pay for it the highest price, the price of life”.

– Sławomir Cedzyński
– Translated by Dominik Szczęsny-Kostanecki

TVP WEEKLY. Editorial team and jornalists

The author is a journalist at the i.pl portal
Main photo: Zbigniew Radłowski in the courtroom of the District Court in Kraków in 2018. Photo: PAP / Jacek Bednarczyk
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