GORZELIK AND OTHERS v. POLAND JUDGMENT
9
They referred to the arguments set out in the pleadings filed in the case.
The representatives of the applicants declared that paragraph 30 was modelled on a
similar provision to be found in the statutes of the Socio-Cultural Society of Germans
of the province of Katowice. ...
The President urged the representatives of the [parties] to make certain concessions
in their positions.
He proposed to the provisional management committee that, for example, they
delete paragraph 30 of the memorandum. However, the representatives of the
committee absolutely refused to do away with this provision.
The representatives of the [Governor] also adopted a harder position, in that they
demanded not only the deletion of paragraph 30, but also a change of the name of the
association.
The two sides engaged in a polemic as to whether or not Silesians should be
recognised as a nation or nationality. ...
The representatives of the [Governor] argued with the applicants, claiming there
were no grounds for ascribing Silesian nationality to people.
[The hearing was adjourned and subsequently resumed]
At this point the representative of the [Governor] declared that, if the applicants
were to delete paragraph 30 from the memorandum, the [Governor] would not object
to registration of the association.
J. Gorzelik reacted vehemently to this proposal, but the President told him to think it
over.
In connection with the above, the [applicants] asked to be given a time-limit within
which they could react in writing to this suggestion and consider the [Governor's]
proposal.
The Court decided to allow [the applicants] ten days in which to react to the
proposal of the [Governor] ...”
29. On 27 May 1997 the applicants lodged a pleading with the court,
maintaining that in the course of the above-mentioned hearing the
authorities had “de facto acknowledged that a Silesian nation exists”, in
particular by accepting the name of the association and certain provisions of
the memorandum (namely paragraph 7 (1) and (4) and paragraph 10). They
stressed, however, that the authorities' insistence on the removal of
paragraph 30 was “unjustified and illogical” and, consequently, refused to
alter or delete that provision.
Later, on 16 June 1997, the Governor of Katowice submitted his final
pleading to the court, opposing the registration of the association.
30. On 24 June 1997 the Katowice Regional Court, sitting with a single
judge and in camera, granted the applicants' application and registered their
association under the name “Union of People of Silesian Nationality”. The
relevant reasons for that decision read as follows: