DECISION. Ms. [redacted] Address: [redacted] I hereby refuse to grant Veteran status. GROUNDS

Transcription

1

2

3 VETERAN AND PERSECUTION VICTIMS AGENCY Warsaw, ul. Wspolna 2/4 Phone fax DECISION By the Director of the Veteran and Persecution Victims Bureau from 12 FEB 2016 Nr [redacted] Based on art. 1-4 and art. 22 paragraph 1 of the Law of January 24, On Veterans and Certain Other Victims of War Time and Post- War Period Persecution (consolidated text in Journal of Legislation 2014, item 1206) having considered the application by: Ms. [redacted] Address: [redacted] I hereby refuse to grant Veteran status. GROUNDS The Party put forward the application for the award of war veteran rights provided for in the provisions of the Act of 24 January, 1991 on War Veterans and Certain Other Persons Victims of War and Post-War Oppression (consolidated text: Journal of Laws of 2014, item 1206). In pursuance of the wording of Article 22 Section 1 of the Act on War Veterans regarding compliance with the requirements referred to in Article 21 [i.e. the circumstances and facts upon which the award of veteran privileges is conditioned], the Head of the Office for War Veterans and Victims of Oppression or any other persons authorized thereby shall be legally competent to make decisions on the basis of a fully documented request by the person concerned and [on the basis] of the recommendation by a relevant association competent to confirm the specific type of veteran activities or oppressions. In accordance with Article 6 of the Code of Administrative Procedure, any actions of public administration agencies must be based on applicable and effective law. The mission of the

4 Director of this Agency as a public administration authority is to implement the intentions of Polish legislators. Those intentions have been expressed in enacted laws (in this case, on the Law of January 24, On Veterans and Certain Other Victims of Wartime and Postwar Period Persecution, as well as regulations based on it). This Act, namely the provisions of Articles 1-4, enumerates grounds which constitute veteran activities or any other activities equivalent thereto, as well as the types of oppression [categories] that justify the award of the veteran status rights. The Applicant pointed out that, as a result of the Vichy France authorities order, he was forced to transfer to the area of Aulus-Les- Bains. In addition, the Applicant pointed out that he managed to make his way from Aulus-Les-Bains to Switzerland, where he was staying in a work camp. The circumstances indicated by the Party shall not be considered as oppressions within the meaning of the provisions of the Act, and shall not constitute grounds for the award of the rights provided for in the abovementioned Act. The authority issuing this decision is not authorised to make any autonomous decisions as to which titles [grounds] justify the award of the rights provided for in the Act. The statutory regulation excludes the possibility of arbitrary interpretation of the provisions of the Act. The authority is in fact bound by the wording of the provisions of the Act on War Veterans and Certain Other Persons Victims of War and Post-War Oppression (Consolidated text Journal of Laws of 2012, item 400). It shall also be noted that pursuant to the Act of 24 January, 1991 on War Veterans and Certain Other Persons Victims of War and Post- War Oppression, the oppressions, within the meaning thereof, are the oppressions inflicted by the authorities of the Third Reich, the USSR and Poland s communist repressive apparatus: The Sejm states that the authorities of the Third Reich, the then authorities of the Union of Soviet Socialist Republics and the communist repressive apparatus in Poland are guilty of inflicting suffering to numerous citizens of the Polish State on grounds of nationality, and for political and religious reasons. They [the authorities] have brought death to millions of people, and caused permanent health impairment for many. For this reason, the oppressions inflicted by authorities of other states in this case by the French State have not been covered by the binding Act.

5 It should be emphasised that the Head of the Office does not deny the Party s life conditions were difficult during the war, he only finds the Party was subject to oppressions not covered by the provisions of the Act in force. Therefore, considering the contents of the cited laws and regulations and the facts provided, the Agency Director decided as above. Instruction: A Party who is not satisfied with the Decision may apply to the Director of the Veteran and Persecution Victims Agency may petition for its reconsideration within 14 days of its receipt. Translation by Aleksandra Rawska (