Smolensk Crash Investigation: Prosecutors Say Poland Did Not Hand Probe to Russia

The National Prosecutor’s Office in Poland concluded an investigation into the 2010 Smolensk disaster, ruling out diplomatic treason and confirming that authorities did not act to the detriment of the state.

Investigation into Potential Harm to Polish Interests

The National Prosecutor examined whether Polish officials acted to the detriment of Poland’s interests when making decisions regarding cooperation with Russia to clarify the Smolensk catastrophe. Prosecutor Przemysław Nowak noted during a press briefing on Wednesday, August 5, that while complaints were filed directly after the disaster years earlier, prosecutors at the time refused to initiate proceedings and courts maintained those decisions. This approach changed following a shift in government in 2016 under the PiS administration.

Investigators dropped two threads of the inquiry in March 2026, but the primary thread remained active. The prosecution examined whether Polish public officials entered into an unfavorable agreement with Russia concerning the legal basis for investigating the accident causes through relevant aviation accident investigation commissions.

Evaluation of Cooperation Options

The prosecutor stated that the Polish side had four possible cooperation options. The chosen method was based on the rules contained in Annex 13 to the Chicago Convention. The second possibility involved cooperation under a 1993 bilateral agreement between Poland and Russia regarding military aircraft flights, which would have required a new international treaty. The third option was negotiating a new international agreement, and the fourth was declining the listed cooperation methods.

The National Prosecutor’s Office determined that the adopted method was the most advantageous for Poland’s interests. Nowak stated it was the only option ensuring Polish experts could operate directly at the crash site immediately after the catastrophe, access the aircraft wreckage and secured evidence, and participate in the Russian experts’ activities with an assigned Polish representative.

No Evidence of Diplomatic Treason

Prosecutor Nowak stated that the behavior of Polish authorities in April and May 2010 did not fulfill any criteria of the crime of diplomatic treason, and specifically that Polish authorities did not act to the detriment of the Republic of Poland nor harbor such intent. Investigators interviewed over 480 witnesses, leading to the same conclusion reached in 2011 that there was never a justified suspicion of diplomatic treason.

The prosecutor emphasized that claims suggesting Poland handed the investigation over to Russia are untrue, stating that no such handover ever occurred.

Dismissal of Allegations Against Donald Tusk and Bronisław Komorowski

The head of National Prosecutor’s Office Investigative Team No. 1 dismissed proceedings on March 4, 2026, regarding allegations that Donald Tusk or acting president Bronisław Komorowski concluded an agreement on April 10, 2010, for Polish and Russian prosecutors to jointly investigate the crash, only to withdraw from it the same day.

The prosecution found no evidence that the named politicians concluded any agreement with the Russian side regarding a joint investigation, nor any evidence of withdrawal from such an agreement. The National Prosecutor’s Office highlighted that neither the prime minister nor the president had the authority at the time to undertake such actions.

Examination of Former Prosecutor General’s Actions

Investigators also reviewed whether former Prosecutor General Andrzej Seremet approached his Russian counterpart between April 10 and 26, 2010, to propose a joint Polish-Russian investigative team, and whether this hindered the parallel domestic investigation by the District Military Prosecutor’s Office in Warsaw.

According to investigators, the prosecutor did not submit a request because it would have been ineffective, given that Russia was not a party to international law provisions establishing joint investigative teams, despite some lawyers pointing to a theoretical possibility based on reciprocity. The National Prosecutor’s Office concluded that Russia would not have agreed to a joint team, and that prosecutors leading the Polish inquiry did not indicate a necessity to request one, finding no evidence of intent to harm Poland or obstruct criminal proceedings.