The administrative court ruled in March that the Prime Minister had to reveal on what grounds/agreement was the Smolensk’s crash investigation left to the Russian authorities. The agreement initiating investigative proceedings has not been made public if it at all exists. PM Tusk is going to appeal for an annulment of the court’s decision, according to the 'Gazeta Polska' daily.
Until now the Prime Minister was vaguely, enigmatically, or evasively on which agreement were investigative proceedings initiated. The court hasn't found any grounds for keeping the information secret and ordered PM Tusk to reveal who and on what grounds decided that the main disposer of the investigation would be the Russian authorities.
However, the Prime Minister is quite reluctant to share this information with the public. According to 'Gazeta Polska' daily, PM Tusk ordered his Chancellery to appeal for annulment of the administrative courts' decision.
The subject of establishing rules of cooperation is a mysterious and controversial one. After three days since the crash, the government publicly informed that the investigative proceeding would be held in accordance with Annex 13 of the Chicago Convention (despite the fact that the Chicago Convention applies to civil flights only) ultimately leaving the investigation in Russian hands entirely. This resulted in detention of the wreckage, black boxes, and dependance on Russian authorities to any evidence concerned.
Until now it remains a mystery where is the document establishing procedures of investigation and who signed it. The PM claimed until recently that such document doesn't exist at all.
It’s not the first time the government refuses to acknowledge citizens right to execute their freedom of information.
Note: The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating and regulating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel. The Convention also exempts air fuels from tax.
After both the governmental Russian MAK and Polish Miller reports have been made public. The International Civil Aviation Organization (ICAO) ruled it had no competence in dealing with state/military flights, leaving no way of appeal to the above mentioned Polish and Russian governmental reports.