The Government of D. Tusk did not provide Poland with safe aircrafts for vips, making us dependent on post-soviet aircrafts

Smolensk Tragedy White Book
(basic information)

The Government of D. Tusk did not provide Poland with safe aircrafts for VIPs, making us dependent on post-soviet aircrafts.
The government of Jarosław Kaczyński prepared the public tender for aircrafts for VIPs.

On 21 September 2007, Minister of National Defence, the late Aleksander Szczygło, issued

a decision on equipping the Polish Armed Forces with new aircrafts for VIP transport, and commissioned the preparation of all major documents by the end of 2007.

The government of Donald Tusk had over 3 years to conclude the tender of aircrafts for VIPs, which was started by the government of Jarosław Kaczynski, but until now he has shifted the deadline for the conclusion of the tender.

In addition, the Minister of National Defence, Bogdan Klich, was informed about the terrible technical condition of the air fleet that belongs to the 36 Special Air Transport Regiment
(36 splt), which had been displayed, among others, by reports of the Commander of the Air Force Gen. Andrew Błasik in the years 2008-2010 and Decision 25 No 40/MON issued by the Minister of National Defence Bogdan Klich on 3 February 2010. The negligence of the government of Donald Tusk deprived Poland of safe aircrafts for VIPs and caused permanent dependence on post-Soviet equipment.

The obstruction by Donald Tusk's government of public tenders for aircrafts for VIPs deprived Poland of safe aircraft for the country’s key individuals and led to persistent dependence on Soviet equipment.

The responsibility for this state of affairs belongs to Prime Minister Donald Tusk and Minister B. Klich.
Serious malfunctions after recent renovations of the Tu-154M No. 101 in Russia
In January 2010, after receiving the Tu-154M No. 101 from the entrusted Polish repair company MAW Telekom, which commissioned the repairs to the Russian company "Aviakor" in Samara, a number of defects (including autopilot aggregates) and malfunctions (including the reception of signals from the beacon) were noted.

The faulty autopilot units were not replaced by the new ones, but by units taken from the second Tu-154M (No. 102). Aggregates that were removed from the Tu-154M 101 by the Politelektronik company were supplied to Russia in order to perform the repairs under warranty.

The company servicing some of the aggregates mentioned above from the Tu-154M units No. 101 was located in Prague, but used the services of Russian specialists.

Despite the acknowledged failures of the satellite communications system AERO HSD + further repairs were neglected.

A complete renovation of the Tu-154 M No. 101 was organized and conducted in a manner that disregarded safety rules. The Minister of National Defence, who was responsible for this, had not fulfilled his duties. The numerous defects occurring after the completion of the renovation displays a flagrant breach of obligations by the person responsible for the preparation of the aircraft.

The responsibility for this state of affairs belongs to Prime Minister Donald Tusk and Minister B. Klich.

Tusk’s Game with Russia

The organization of a separate visit to Katyn of Prime Minister D. Tusk

Since autumn 2009, the Polish and Russian governments held talks and played games to eliminate the Polish President Lech Kaczyński from taking part in the anniversary commemorations in Katyn in April 2010.

Although already in autumn of 2009 it had been established with representatives from Russia that in April 2010 there would be a separate visit of prime ministers D. Tusk and V. Putin in Katyn, this information was kept from the public and the President of Poland until the last minute.

It was only on 3 February 2010 that the government officially informed the public opinion and the President of Poland about the alleged, sudden and unexpected phone call from V. Putin to Prime Minister D. Tusk inviting him to Katyn.

Meanwhile, already on 2 February, Minister A. Przewoźnik spoke about preparations of two versions of the commemorations in Katyn.

On 11 February 2010, Minister Andrzej Kremer in a conversation with Presidential Minister Mariusz Handzlik said that the joint visit of the President and Prime Minister Donald Tusk to Katyn would be difficult due to the position of the Russian side. Meanwhile, a week later, during the visit of Minister Andrzej Przewoźnik to Katyn, the Polish government proposed separating the visits, and the "interlocutors from the Russian side took note of the Polish proposals": Minister Przewoźnik, "informed the Russian side that the organization of two separate events is more likely (7 April with the participation of the Prime Minister and 10 April with the participation of the President)" and the Russians found that "the separate visits variant would be most beneficial from the standpoint of the organization of the ceremony."

Nevertheless, the Tusk government continued to provide the President with information that the commemoration in Katyn involving the President and the Prime Minister remains one of the current concepts of the organization of the commemorations.

From autumn of 2009, the government of Donald Tusk cooperated with the Government of the Russian Federation against the President of Poland Lech Kaczyński to separate the Katyn anniversary celebrations by holding a separate meeting with Prime Minister D. Tusk and

V. Putin in Katyn on 7 April 2010. The governments of both countries are responsible for the situation, which led to the tragedy in Smolensk.

The responsibility for this state of affairs belongs to Prime Minister Donald Tusk and Minister R. Sikorski.

Tusk’s Game with Russia

Lowering the rank of the visit to Katyn of President Lech Kaczyński
On 10 March 2010, the director of the Russian Ministry of Foreign Affairs S. Nyechayev - in an exchange of views with a representative of the Ministry of Foreign Affairs of Poland - stressed that the Russian government's diplomatic protocol will only deal with the organization of the meeting of Prime Minister D. Tusk and V. Putin. The Polish interlocutor acknowledged this. During the same conversation, S. Nyechayev asked whether he should consider the words of the Foreign Ministry representative about the arrival of the Polish President Lech Kaczyński to Katyn on 10 April as the official notification to the Russian side about this visit, but the Polish representative did not take a position.

Meanwhile on 3 April, the Polish government agreed with the Russian government that the departure of Prime Minister Donald Tusk to Katyn will be coordinated with Moscow, which guaranteed the safety of Donald Tusk.

The Ministry of Foreign Affairs knowingly cooperated with the Russian side in organizing the visit of Polish President Lech Kaczyński in such a way that it would be less prepared and less protected than the meeting of Prime Minister D. Tusk with V. Putin. This is displayed by the resignation of taking the leader (navigating officer) on board, although there was such a specialist for D. Tusk. The position of the Russian Federation’s Foreign Ministry, which stated that it would not deal with the visit of the President, was accepted.

The responsibility for this state of affairs belongs to Prime Minister D. Tusk and Minister R. Sikorski.

Ignoring warnings about the catastrophic state of the airport
During this time, the Chancellery of the President signaled its concerns about the condition of the airport in Smolensk. The cooperation of the Foreign Ministry with the Russian side was carried out in such a way that that Polish officials never checked the state of the airport in Smolensk before the tragedy.

The preparatory visit, which was to be held in Moscow and Katyn between 3-5 March 2010, was "cancelled by the organizers" of the government at the last minute. The trip to Smolensk scheduled for 10 March of the working group had been regarded by the Russian side as obsolete on 5 March.

On 16 March, ambassador Jerzy Bahr, handed to the Chancellery of the President information that in connection with 17-18 March visit of the delegation of the minister T. Arabski and minister A. Kremer to Moscow, it is not possible to carry out the 19 March visit to Moscow of Minister M. Handzlik of the Presidential Chancellery, so it should be postponed to a later date.

The government of D. Tusk had repeatedly received information indicating that the airport in Smolensk Siewiernyj was unprepared to receive the Polish aircraft. Despite assurances that the above-mentioned airport (closed daily) was opened, there was no official confirmation from the Russian side that it will be open for the Polish delegation on 7-10 April (the latter information came from the Foreign Ministry to the Secretariat of minister Handzlik in the Chancellery of the President after 10 April 2010).

On 8 April 2010, the Foreign Ministry knew that the airport in Smolensk is not informed of the scheduled 10 April 2010 landing of the aircraft with the President of the Republic of Poland on board and evaluated the lack of preparation for the landing of this and other aircrafts in Smolensk as a fundamental matter. Nevertheless, the Foreign Ministry and other ministries omitted the necessary operations and arrangements.

The responsibility for this state of affairs belongs to Prime Minister Donald Tusk, the minister Arabski, minister J. Miller, minister R. Sikorski, the head of BOR Gen. M. Janicki, and heads of special services.

Failure to provide the crew of the Tu-154M with meteorological data
Since autumn 2009, the organizational units of the Polish Air Force (including 36 splt), signaled the need to obtain meteorological data from the Russian airports (especially from Smolensk) and address data of the former Russian unit in Smolensk. The Polish attaché's office in Moscow ignored the urgent requests of the Air Force. Knowing that the Polish crew which intended to land at the airport in Smolensk Siewiernyj will be deprived of current meteorological information, these requests were not met.

On 10 April 2010, the crew of the Tu-154M No. 101 with President Lech Kaczynski on board had not received the requested meteorological messages METAR (the current conditions at the airport given every half hour) and TAF (weather forecasts) from the Russian side, while the meteorological information provided via radio by the control tower at the airport Smolensk Siewiernyj were inaccurate or misleading. This constituted a breach of Article 8 of the Polish-Russian agreement of 1993.

The Ministry of Defence, attachés and the Russian services completely ignored their duties to provide the crew of the Tu-154M on 10 April 2010 with the meteorological hazard information.

The responsibility for this state of affairs belongs to ministers B. Klich and R. Sikorski.
Violation of principles regarding the protection of the President and VIPs


Securing the visit of Polish President Lech Kaczynski by the Governmental Protection Bureau (BOR) was insufficient and inconsistent with applicable regulations, among others with the Act of 16 March 2001 on the State Protection Office and Departmental Normatives - introduced by Decision No 184/Minister of National Defence on 9 June 2009, on the organizational instructions of aircraft flights with status HEAD.

The Minister of Defence was informed of terrible aircraft conditions operated by the 36th Special Air Transport Regiment, unable to provide the required level of safety of transport and operations of constitutional state bodies.

Governmental Protection Bureau (BOR) representatives agreed to confer and delegate to the Russian side the protection and the securing of the flight of President Lech Kaczynski at the Smolensk airport and on the route to Katyn.

At the last moment (about an hour before the arrival of the Tu-154M 101 aircraft), the Russian side decided to refer to another airport the IL-76 aircraft carrying the Russian officers and means of transport. Thus the airport did not have the necessary forces and means to secure the visit and arrival of Polish President Lech Kaczynski. The Polish side was never informed of this.

The Governmental Protection Bureau (BOR), and above all, the Minister of Internal Affairs and Administration J. Miller failed to comply with the necessary duties of organizing a safe and protected flight for the President and the most important people in the State. They are responsible in particular for the agreement with the Russian side to transfer the protection of the Polish President to the Russian security services without securing the coordinating role for the Polish side.

On April 9th, 2010 the Armed Forces Operational Staff on duty was given a warning about the possibility of an abduction of an aircraft belonging to one of the European Union Member States. There is no evidence on the impact of these warnings on the Governmental Protection Bureau (BOR) and other institutions involved in the protection of the delegation traveling with the President. A lack of response to these terrorist threats and warnings weigh especially on the heads of secret service and on the Prime Minister Donald Tusk who supervises and oversees the proper functioning of these secret services.

The issue of back up airports (aerodromes) has not been properly resolved nor prepared before the start of the Tu-154M, No. 101 aircraft, and information on back up airports has not arrived on time neither to the Polish crew of the aircraft with the President of the Republic of Poland on board, nor to the destination airport.

However, the recorded voice transcripts on April 10th 2010 of the landing tower of Siewiernyj airport in Smolensk show that the arrangements for the designation of other aerodromes sustained during the last minutes of the flight. The Russian side is responsible for failing to indicate back up aerodromes.

Not providing spare designated aerodromes indicates to the joint responsibility of the Ministry of Foreign Affairs, the Governmental Protection Bureau (BOR), the Ministry of Interior and Administration, as well as the Ministry of Foreign Affairs of the Russian Federation causing the Tu-154M aircraft to fall into a trap over the Siewiernyj airport in Smolensk.

On March 10th 2010, the Chancellery of the President submitted an order for and requested

a plane and a Russian leader (navigator). The Chancellery obtained an announcement that the contract would be realized.

When on March 3rd 2010, the Chancellery of the Prime Minister submitted an order and requested for a plane and for a Russian leader (navigator) for the delegation led by PM D. Tusk, the Russian side responded that due to such short notice it would be impossible to process the order for a second leader referral to Poland. This response was used by the Polish government as a pretext to withdraw the order and the request for a leader to accompany the crew of Tu-154M No.101 for the 10th April 2010.

On April 7th 2010 the crew of the aircraft transporting the delegation headed by the Prime Minister was supplemented by an officer - an equipment specialist. On April 10th 2010, the manning (composition of the crew) of Tu-154 No.101 was not expanded in such a way.

The Tusk government is responsible for the lack of a Russian navigator on board the Tu-154M on 10 April 2010 and for the consequences that followed. Resignation of the ordered and requested navigator for the aircraft carrying the President was due to an additionally organized meeting between D.Tusk and W. Putin.

Responsibility for this state of affairs falls on the Prime Minister Donald Tusk, on Ministers Tomasz Arabski, B. Klich, J. Miller, R. Sikorski, and on the Chief of the Governmental Protection Bureau (BOR) Gen. M. Janicki, and the heads of special and secret services.


Entrusting a person with an espionage history with the responsibility for organizing the visit.

Preparations for the visit to Katyn of Prime Minister Tusk on the 7th April 2010 and of President Lech Kaczynski for April 10th 2010 were coordinated and supervised by Tomasz Turowski, director of the Political Department of the Polish Embassy in Moscow.

Press releases revealed that on February 14th 2010, Tomasz Turowski was re-employed at the Ministry of Foreign Affairs after 3 years. Subsequently to his re-employment, he was sent a day later to Moscow where he was entrusted with the task of preparing the meeting between Prime Minister Donald Tusk and Vladimir Putin, and the visit of Polish President Lech Kaczynski to Katyn.

The Prime Minister D.Tusk as the supervisor over special and secret services and the Minister R. Sikorski are particularly responsible for having entrusted a key role in preparing the visits to Katyn to a person with a history of espionage.
Responsibility for this state of affairs falls on Prime Minister Donald Tusk and Minister R. Sikorski.
Giving away the investigation to Russian authorities and the obstruction of the investigation.

After April 10th 2010, the Tusk government representatives working together with the Russian authorities undertook a series of decisions aimed at obstructing the Polish investigation into the causes and circumstances of the crash.

Initially, the Smolensk disaster was investigated under the rightly applicable and legally adopted agreement between the Polish-Russian authorities on the principles of mutual air traffic of military aviation aircrafts of both countries from 14 December 1993, but on April 15th, it was decided that the investigation of the crash would no longer be carried out in accordance with this agreement.

The Prime Ministers of Poland and Russia concluded an international agreement, by which Poland withdrew from the 1993 agreement and opted instead for Prime Ministers Putin decree dated April 13th 2010, under which the Interstate Aviation Committee (MAK) took responsibility for the investigation under the basis of Annex 13 to the Chicago Convention. This Annex was adopted as the legal basis for the investigation, in contradiction to the Chicago Convention.

The way in which the international agreement was concluded by Donald Tusk is a constitutional tort - incompatible with Polish law and in contradiction with the Constitution.

Another Constitutional tort consisted of changing the April 27th 2010 Ministry of Defence Regulation on the organization and functioning of operations of the State Aircraft Accident Investigation Committee, extending the powers of the Prime Minister in a manner inconsistent with aviation law.

On the basis of this regulation, the State Aircraft Accident Investigation Committee was established (the so-called Miller's committee), which, however, in light of existing air law has no legal basis into the investigation of the Smolensk disaster since the departure from the agreement of 1993, as it is the only applicable legal basis for such investigations.

E.Klich, the Polish Plenipotentiary accredited to the Interstate Aviation Committee (MAK) hindered Polish experts in examining the wreckage of the Tu-154M No 101 aircraft.

On May 31st 2010, Minister J. Miller signed a Polish-Russian memorandum, under which property of the Republic of Poland and crucial proof (such as the "black boxes") would remain at the disposal of the Russian Federation authorities until the final completion of the Russian judicial proceedings.

The United States offered all available assistance with the investigation, but none of the Polish authorities made use of this offer.

These decisions point to interaction and cooperation with a foreign state in obstructing the investigation to the detriment of the Republic of Poland.

Responsibility for this state of affairs falls on Prime Minister Donald Tusk and Ministers B. Klich and J. Miller.



Smolensk: "On course and on track"


On April 10th 2010, Russian flight controllers knowingly mislead the Tu-154M (Nr 101) crew by transmitting false (double understated) meteorological data on the visibility on the Smolensk Siewiernyj airfield.

The Russian flight controllers did not give the Polish crew the required information regarding the kind of approach required and regarding the runway or the correct meteorological data. As ordered by the central command in Moscow (code name „LOGIKA”) Colonel Nikolaj Krasnokutski enforced the execution of the orders carried out by the other flight controllers in Smolensk, according to which regardless of any circumstances they were supposed to direct the plane with the Polish president on board to an altitude of 100 meters above the level of the landing strip.

The crew of the Tu-154M (Nr 101) was being falsely informed that the plane was still on course and track, when the actual location of the plane was significantly above or below track. The flight control post failed to keep continual radar and radio contact with the plane's crew, instead comments were exchanged between the crew and tower with long intervals.

The direct responsibility for directing the Tu-154M (Nr 101) into the trap in Smolensk falls on the highest Russian authorities, who commanded to give the Polish pilots false data.

Misleading the public opinion


The public opinion and Polish Sejm were systematically misinformed by the Russians and the government of Donald Tusk with regard to the most important circumstances concerning the crash and the investigation following it. These false information concerned:

• 
  the legal basis of investigation on the crash and the circumstances of making
  a decision to apply the annex 13 of the Chicago Convention and proceeding from 10 to 13/15 April by two military commissions headed by colonel Mirosław Grochowski and general Siergiej Bajnietow, based on the Polish-Russian agreement concluded in 1993 (in that time Poland obtained more of the materials it has today for its disposition),
  
• 
  alleged great cooperation with Russians, including careful digging of the crash-site at one meter in depth and particularly careful sifting of ground and also securing the aircraft wreckage,
  
• 
  statements by minister Ewa Kopacz that Polish specialists carried through autopsy of victims at crash site,
  
• 
  data of victims in death records.
  

Moreover, as soon as in May 2004 a campaign to discredit the commander of the Air Force, general Andrzej Błasik, began. Representatives of Tusk's government did not try to counter false statements about the Polish general and did not react to his slander.

From 10 to 28 April, the public and Polish Sejm were falsely informed of the exact time of the crash and its victims: on the night of 10 to 11 April 2010, the Polish and Russian sides have agreed that the approximate time of the crash is at 8.40 Polish time, which was officially revised two weeks later to 8.41 Polish time, while the Polish government website until April 28 gave 8.56 as the moment of the crash. Furthermore, since June 2010, representatives of Tusk's government presented as an authentic version transcriptions of dialogues of the Tu-154M No. 101 crew given by the Russian MAK without two key "go around" commands at the end of transcription, and on 19 January 2011 Minister Jerzy Miller said twice in the parliament that a tape record of the sound recorder MARS-BM with the crew conversations is "30 Minutes long” (although its transcription has more than 38 minutes).

On 28 January 2011, in a press interview, Minister Miller announced that the Commission for the Investigation of the State Aviation Accidents, chaired by him in person, would consider the flight of Tu-154M as a passenger one and realized "according to civilian rules." Thus, misled the public as to the status of the state aircraft Tu-154M executing in fact a military flight to Smolensk, which has been later repeatedly stated in the Remarks of the Republic of Poland on 19 December 2010 on the MAK draft Final Report.

These actions point to a fully conscious cooperation of Tusk's government representatives with the Russian side in order to detriment the investigation and prevent reaching the truth.

Furthermore, the Tusk government, and especially its representative accredited to the MAK - Edmund Klich, are responsible for the lack of adequate response to the slanderous campaign against the late General Andrew Błasik: they did not counteract in any way the dissemination of false statements about the Polish Air Force Commander.

The responsibility for this state of affairs burdens Prime Minister Donald Tusk and his government.