Investigation into Smolensk “Treason”: Prosecutors Confirm Poland Did Not Hand Investigation to Russia

National prosecutors in Poland investigating official actions following the 2010 Smolensk plane crash have concluded that authorities did not act against the nation’s interests or surrender the probe to Russia.

Origins and Scope of the Investigation

The National Prosecutor’s Office investigated whether Polish officials acted to the detriment of Poland’s interests when making decisions regarding cooperation with Russia on the Smolensk catastrophe. While notifications were filed shortly after the disaster, prosecutors initially refused to initiate proceedings and courts sustained those decisions, a stance that changed following a shift in government in 2016.

In March 2026, investigators dropped two specific threads while keeping the main inquiry open. The primary focus was whether Polish public officials entered into a disadvantageous agreement with Russia regarding the legal basis for investigating the aviation accident.

Evaluation of Cooperation Options

The prosecution established that the Polish side had four potential cooperation options, ultimately choosing the framework provided by Annex 13 to the Chicago Convention. Alternative choices included a 1993 bilateral military flight agreement requiring a new international treaty, negotiating a brand new international treaty, or rejecting cooperation entirely.

The chosen method was deemed the most advantageous for Poland’s interests. Prosecutors noted it was the only approach guaranteeing immediate access for Polish experts to the crash site, the aircraft wreckage, secured evidence, and the right to participate in Russian expert activities.

Findings on Diplomatic Treason

Prosecutor Przemysław Nowak stated that the actions of Polish authorities in April and May 2010 did not constitute diplomatic treason and lacked any intent to harm the Republic of Poland. Investigators conducted over 480 witness interviews, reaching the same fundamental conclusion as a previous 2011 assessment.

Investigators explicitly rejected claims that Poland surrendered the investigation to Russia, labeling such assertions false. The head of Investigative Team No. 1 formally closed the thread concerning allegations that Donald Trump, Bronisław Komorowski, or other officials conspired to establish a joint Polish-Russian probe on April 10, 2010, noting a complete lack of evidence for any such agreement or subsequent withdrawal.

Examination of the Former Prosecutor General’s Actions

A second closed thread examined whether former Prosecutor General Andrzej Seremet attempted to establish a joint Polish-Russian investigative team between April 10 and April 26, 2010, thereby obstructing the domestic investigation run by the District Military Prosecutor’s Office in Warsaw.

Investigators determined no such application was filed because Russia was not party to international legal instruments allowing joint investigative teams, and Russia would have refused anyway. Consequently, prosecutors closed this thread after finding no evidence of intent to harm the state or obstruct justice.