Over the past five months, hundreds of aerial objects – balloons and drones – sent from Belarus have entered Polish airspace. In its latest statement, the Operational Command of the Polish Armed Forces admitted: “the Belarusian side has once again attempted reconnaissance and to test the reactions of the Polish air defense systems.” How did the prosecution respond to these events? Was even an investigative team appointed, as was done in the case of prosecuting Border Guard officers for defending the border? “The National Prosecutor’s Office has not appointed a team of prosecutors to conduct proceedings regarding the violation of Polish airspace by balloon-type objects entering from Belarus,” said Prosecutor Anna Adamiak, spokesperson for the Prosecutor General.
“Avoiding a serious legal qualification of the perpetrators’ actions is a sign of turning a blind eye to the problem. By failing to call things by their proper names, one avoids potentially explaining the reasons for the lack of any results in a possible espionage investigation conducted by an organized criminal group, or in dispersed cases classified in a way that from the outset indicates the lowest possible level of gravity,” an expert on security told us.
The specialist adds:
“The question is how this series of described actions, carried out regularly, bearing the hallmarks of a carefully organized operation, using a defined structure and division of roles, is being legally classified.”
Not just smuggling!
For several months, the services have been downplaying the problem of balloons sent from Belarus that violate Polish airspace.
It was repeatedly claimed that this was solely about cigarette smuggling and posed no threat to national security. However, these incidents are increasing week by week. The latest occurred last weekend. And suddenly the narrative changed. “The Belarusian side has once again attempted reconnaissance and to test the reactions of the Polish air defense systems,” reported the Operational Command of the Polish Armed Forces.
Żurek’s declarations
On the night of September 9-10 last year, dozens of drones fell in various localities, mainly in the Lublin region, although some were found in the Świętokrzyskie, Łódzkie, Mazovia, and Warmia-Masuria regions.
At the time, Minister of Justice and Prosecutor General Waldemar Żurek assured: “the situation is under the control of the Polish state.”
“I want to say clearly: we need a strong state, not anarchy. The strength of the state lies in efficient procedures, unity of institutions, and responsibility in action. Therefore, I ask for calm, prudence, and trust in public institutions. Every piece of information requires verification – let us not give in to speculation, disinformation, and inflaming emotions,” he argued.
“I also assure that all actions are being carried out in accordance with the law and in the interest of citizens’ security. Poland is keeping a cool head, acting professionally and decisively. Our task is to defend the legal order and the security of the state – and that task we are carrying out,” he said.
That was five months ago. Since then, hundreds of various aerial objects have entered Poland, the military now openly speaks of hybrid actions, and how has the case been handled by the prosecution subordinate to Żurek?
Secret investigation in Lublin
After the September events, an investigation was launched by the District Prosecutor’s Office in Lublin, specifically the 8th Military Affairs Division.
“In a case (…) of endangering the life or health of many people or property on a large scale, consisting in carrying out a flight using several unmanned aerial vehicles that crossed the state border of the Republic of Poland without the required authorization,” the statement said.
It immediately took over all incidents that occurred at that time – other prosecutor’s offices transferred their collected materials. The investigation was initiated for violations of the Aviation Law Act. What has been established over five months?
“The proceedings are ongoing. I do not provide information on the substance of the case,” said Prosecutor Marek Zych, referring further inquiries to the spokesperson for the Prosecutor General.
A second surprise: in the aforementioned 8th Military Affairs Division, there are theoretically 10 positions, but currently only three prosecutors are working there.
Prosecutor Zych also admitted that this investigation does not cover the balloon incidents.
Without a comprehensive investigation
And what is happening in Podlasie? It is there that in recent months, or even weeks, the highest number of incidents involving aerial objects entering Poland has been recorded. One even fell in the center of Białystok, next to the local prosecutor’s office headquarters.
Official statements show that proceedings are being conducted only in the direction of fiscal criminal offenses, that is, cigarette smuggling. For example, the District Prosecutor’s Office in Hajnówka recently initiated an investigation in cooperation with the Border Guard. Earlier, the District Prosecutor’s Office in Białystok conducted a similar investigation (together with police from the economic crime unit). Also for smuggling. Is there an investigative team working on actions against state security?
“I do not believe there is such an investigative team,” said Prosecutor Artur Sztachelski from the Białystok prosecutor’s office.
Silence from the National Prosecutor’s Office
We also carefully reviewed the statements of the National Prosecutor’s Office – from early September to today. There are numerous reports about actions against opposition politicians, the prosecution of independent judges and prosecutors, and there are also messages about investigations related to espionage or sabotage activities on Polish territory. However, about aerial objects violating Polish airspace – although they occur regularly – NOT A WORD.
There is also no information about the appointment of a prosecutorial team, although during this time such teams were established regarding adjudication in the Supreme Court and cryptocurrencies. Not to mention the investigative team appointed in 2014 concerning exceeding authority and failing to fulfill duties in connection with activities related to protecting the state border by officers of the Border Guard, Police, and other services in the years 2021-2024.
The doubts were dispelled by Prosecutor Anna Adamiak, spokesperson for the Prosecutor General:
“The National Prosecutor’s Office has not appointed a team of prosecutors to conduct proceedings regarding the violation of the airspace of the Republic of Poland by balloon-type objects entering from Belarus. As follows from the statements provided by the Operational Command of the Polish Armed Forces, the flights of these objects were monitored and did not pose a threat to the security of Polish airspace. They were identified as smuggling balloons, which means that the assessment and clarification of these incidents remain within the competence of the customs services.”