Young historian with a swastika symbol led people around Bolesławiec. Here is his comment

The incident took place on Sunday afternoon. As a reader told us, history enthusiast and student Dariusz Gołębiewski was leading people around Bolesławiec in period costume. It was another in a series of historical tours, this time titled “A Walk in the Footsteps of the Third Reich in Bolesławiec.” This time, Gołębiewski was wearing an armband bearing a swastika.

The reader described Sunday’s incident as follows:

Educational walks around the city featuring historical stories are led by Mr. Darek, a third-year history student. These are free tours open to everyone. (...) He always prepares suitable clothing and period items for these meetings, connected with the era he discusses: for example, a military cap of the Soviet Army, while today it was an armband with a swastika. These symbols are used to create the atmosphere of the period and are part of the guide’s artistic vision. (...) Today’s tour was planned to last three hours. We started by the vocational construction school and managed to reach Chrobrego Street, near the East Railway Station, when a police car pulled up beside our group. It turned out that someone had reported seeing a swastika in the street. (...) We explained to the police officers that our meetings were educational, that Darek was a wonderful young man, (...) that the swastika symbol, like the black clothing (jacket and trousers), conveyed the atmosphere of the pre-war era, that they offended no one and were not promoting fascism. (...) We showed the officers the relevant law; they already knew that it was a historical, educational tour. Unfortunately, they would not let us continue the tour, took Mr. Darek to the police station, recorded the details of all of us, and a second police car arrived; one participant had to agree to get in and give a statement. (...) After keeping us for half an hour on Chrobrego Street beside the police cars like criminals, it turned out that our tour was ending there prematurely. The officers asked Mr. Darek whether he had a tour guide’s licence, which has not been mandatory for several years. (...) It is sad that the police do not know the regulations and ask for documents that are no longer valid. We are outraged by the police actions.

As we established, police received a report about a group of people walking around the city, one of whom was wearing an armband with a swastika. The group was taking photographs in various places. The officers had to respond.

What is somewhat surprising in the whole matter is that the history student did not realize that one may not put on clothing featuring a swastika and parade around the city. Perhaps, if he had notified the police in advance that he was organizing such a tour, the services would not have reacted in this way.

Article 256. Promotion of fascism or another totalitarian system

§ 1. Anyone who publicly promotes a fascist or other totalitarian system of government or incites hatred based on national, ethnic, racial or religious differences, or on the grounds of having no religious affiliation, is subject to a fine, restriction of liberty or imprisonment for up to two years.

§ 2. The same penalty applies to anyone who, for the purpose of dissemination, produces, records or imports, acquires, stores, possesses, presents, transports or sends printed material, a recording or another object containing the content specified in § 1 or serving as a carrier of fascist, communist or other totalitarian symbolism.

§ 3. A person does not commit the offence specified in § 2 if the act was committed as part of artistic, educational, collecting or scientific activity.

Journal of Laws 2019, item 1950, consolidated text – Act of 6 June 1997 – Criminal Code

What does the case look like from the police’s perspective?

Police officers in Bolesławiec are conducting preparatory proceedings in the case. They are clarifying the circumstances of the entire situation. No one has been charged so far.

We will return to this topic.

Updated 2019-10-21 11:27

The historian has commented on the entire incident:

I will sum it up briefly: a failure. I never expected that I would ever have to explain that I had not promoted Nazism or another criminal ideology. Especially since I hold National Socialism in deep contempt, and I think my July column about the construction of a shopping centre on the site of a former German concentration camp is the best evidence of that. And certainly every word I managed to say on yesterday’s tour.

In any case, for those who do not know: someone uninvolved kindly reported to the police that they had seen a guy with a swastika at the head of some group. Indeed, I had an armband made by gluing together a piece of fabric and a sheet of paper, bearing a swastika, but solely as a prop showing the realities of the Third Reich era. It was exclusively an educational and artistic prop, as part of a costume showing the realities of the 1930s, when such armbands—although mass-produced—were commonly seen, and it absolutely was not intended to promote Nazi ideology.

If this helpful informant had taken the trouble to come closer, they would have heard that there was no question of promoting or encouraging Nazism here—quite the opposite, as every tour participant can testify.

What is outrageous is that after receiving the report, the police kept us at the former East Railway Station for an hour. However, the blame should be placed on the complicated procedures for which our country is known. This is all the more so because the regulations permit the use of the swastika for educational purposes—as was the case here—as one of the exceptions to the prohibition on using this symbol, and the matter is fairly clear-cut.

After an hour, the tour was terminated and I went to the police station to give a statement. I was questioned as a witness and no charges were brought against me. My room was also searched; I did not object, and nothing linking me to Nazism was found there. If this is meant to clear me of any possible charges, then fine—I have nothing to hide, and if the fact that the police rummaged through my belongings in the presence of my mother is supposed to prove it, I can accept that. [...] The case is currently with the prosecutor, and I have a deep conviction that it will be discontinued.

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