In today's article, we will discuss the principles of seeking compensation and damages from the State Treasury for victims of repression, pursuant to the Act of February 23, 1991, on the Recognition of Invalidity of Judgments Issued Against Persons Working for the Independent State of Poland. This Act provides for the possibility of invalidating judgments issued by Polish law enforcement, judicial, or extrajudicial bodies between January 1, 1944, and December 31, 1989, if the charges were related to activities promoting Polish independence or were brought in connection with resistance to rural collectivization and compulsory deliveries.
According to the Act, activities for the independent existence of the Polish State encompass activity from September 17, 1939, to February 5, 1946. In turn, pursuant to Article 8, Section 1 of the Act, individuals whose judgments have been declared invalid are entitled to compensation from the State Treasury for damages and redress for wrongs suffered. This also applies to individuals interned as a result of martial law, introduced on December 13, 1981. In the event of the death of a victim, the right to claim passes to their spouse, children, and parents.
To seek compensation or damages, you must first file a motion to annul the judgment with the appropriate district or military court. Once a final judgment of annulment has been obtained, you may then file a claim for compensation and damages.
For a judgment to be deemed invalid under Article 1 of the Act of 23 February 1991, it is not required that the victim acted in an organized group or engaged in armed action against the authorities of the Polish People's Republic. Activities promoting independence can also manifest themselves in peaceful forms, such as the transmission of patriotic traditions, dissemination of historical knowledge, or opposition to the system. However, mere criticism of the system or the expression of opinions is not sufficient to establish that activities promoting the independence of the state took place—there must be a connection between the alleged act and the actual action taken in that direction.
The amount of compensation depends on many factors, including the type of repression suffered. Collecting appropriate documentation, such as court, medical, or police records, is crucial. Some documents may be held in state archives, and it is also worthwhile to call witnesses, such as fellow prisoners or family members. As the Wrocław Court of Appeal – 2nd Criminal Division rightly pointed out in its judgment of November 10, 2022, II AKa 317/22, "The amount of compensation is determined by two limits. On the one hand, it must represent an economically perceptible value, and on the other, it should be kept within reasonable limits, reflecting current conditions and the average standard of living. The principle of a moderate (and, as one should assume, balanced and fair) amount of compensation (...) is linked to society's standard of living, as the assessment of whether it is realistic or not excessive must be related to the standard of living." Such an indicative point of reference may be, and is, the average standard of living or living standard, as adopted in court decisions, illustrated by an objectified, universal indicator, i.e. the average monthly salary, allowing, in a certain way, to objectify the compensation awarded, which by its nature has a subjective dimension.”
If you have any questions or need assistance in gathering the necessary documents, please contact our law firm. We will help you through every step of the process of seeking compensation and damages.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 8, 2025
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