List Pani Marii Szonert Biniendy do National Geographic Channel International

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Subject: DEATH OF THE PRESIDENT – Episode on Smolensk Plane Crash (Mayday)
Date: Tue, 22 Jan 2013 23:27:47 -0500

Dear Executives of the National Geogrpaphic Channels International:

The Smolensk Crash Episode entitled Death of the President produced by Alix McDonad and Shannon Foerter from the Toronto office of Cineflix with the support of Marianna Yarovskaya in Russia is to be broadcast on the National Geographic Channel in Poland on January 27, 2013. A preview of this episode is here: ;
Announcing the ‘reconstruction’ of the Smolensk crash, this video raises serious concerns that this “reconstruction” follows the Russian version of events which is based on fake investigation, presents offensive and defamatory conclusions, and has been proven beyond a reasonable doubt as false and wrong by numerous international experts.

It has been brought to our attention that the production team interviewed for this episode representatives of the Russian investigative committee MAK and the Polish Miller Commission. However, your production team: 1) did not interview anybody from the Polish Parliamentary Committee for the Investigation of the Smolensk Crash; 2) has not approached any Smolensk crash experts who presented their scientific findings directly disproving the Russian version of events at the international academic conference in Warsaw on October 22, 2012; 3) did not contact any Smolensk family whose loved ones were buried in wrong graves, or 4) whose post-mortem reports were falsified in Russia, or 5) whose bodies were desecrated, or 6) whose personal belongings were stolen, intentionally destroyed or withheld; 7) families who were harassed during the identification process in Moscow; 8) families of those victims who were unjustly discredited and defamed in the eyes of the international public opinion as incompetent, stupid or drunk, or 9) families whose loved ones connected with the Smolensk crash investigation met a sudden unexplained death in the aftermath of the crash; 10) any journalists either fired or given awards for reporting on the Smolensk investigation irregularities. By excluding the above voices, this episode becomes a propaganda piece for the Russian course of events.
Thus, we hereby question the impartiality of this episode.

We understand that it is your practice to rely on the state investigation reports in preparing such episodes. Please note, however, that according to Prof. Marek Zylicz, a legal expert of the Polish Miller Commission, the MAK report grossly violates in all fundamental aspects Annex 13 to the Chicago Convention and all basic standards of the aircraft crashes investigation. For example, according to Prof. Zylicz, the MAK violated Art. 5.25 of Annex 13 by denying the Polish experts any access to the investigation site, investigative activities, documents, reports and information. Please see page 11 of Prof. Zylicz report here:

According to Prof. Zylicz, MAK also ignored the Polish comments to its draft final report and thereby violated the fundamental premise of international crash investigation to consult in good faith the final conclusions with the Polish side, as required by Art. 6.3 to Annex 13. The Polish Comments to MAK Final Report (in English) together with the analysis of all violations of international standards committed by MAK are attached above for your information. The Polish side enumerated its complaints and objections regarding the conduct of the Russian investigation, challenged all Russian conclusions, and asked for the new formulation of the cause of this crash. All these requests were ignored however by the Russian side in blatant and gross violation of Annex 13.

According to Prof. Zylicz, the Polish side does not consider the MAK report as valid and binding (page 12 of his article). In light of this situation, your reliance on the substandard and defamatory final report of MAK perpetuates a defamatory image of the Polish crew and the false cause of this crash. Furthermore, your reliance on the interview of the Miller Commission only reinforce a distorted picture of the situation since the Miller Commission did not perform any independent investigation but instead relied on the Russian data. As Prof. Zylicz reveals, the Polish side was denied access to the crash site and was forbidden from conducting any independent investigation. Thus the Miller report was based on the information provided by the Russian report. Furthermore, the Polish accredited representative to MAK Edmund Klich publicly acknowledged that the cause of the crash was predetermined in this case. See here: Your decision to give voice only to those who support the Russian version, i.e. the authors of both erroneous reports deriving from one faulty investigation further reinforces the erroneous anti-Polish and defamatory message already sent by Russia to the international community.

Please note that the Russian version based on incomplete, illegible and false data provided in the MAK report paints a psychological portrait of the inexperienced Polish pilots acting under undue pressure of the drunk Commander-in-Chief of the Polish Air Force who serves the unreasonable Polish President desperate to land at any cost. This offensive and defamatory version of the events was put together by the chief propagandist of Vladimir Putin Igor Mintusov who recently admitted presenting this version as an attractive propaganda strategy to the top Russian leadership with no regard to the facts of the case. Please see recent statements of Igor Mintusov to this effect here:

It is a breach of ethical conduct to rely on reports that grossly violate basic international standards. It is also a gross violation of ethical standards to rely on people who acted in direct conflict of interest (like Jerzy Miller resposible for the safty of government officials who died in this crash), but deprive the Parliamentary Committe for the Investigation of the Smolensk Crash, top international Smolensk crash experts, and the key interested parties of any voice in the falsified “reconstruction” of the events. Such reporting by definition results in presenting a biased course of events and amounts to a propaganda piece contrary to quality journalism. Please note that independent Smolensk experts affiliated with such companies as Boing, GE, LsDyna and other global companies stand ready to challenge in court any unbalanced reporting on the cause of the Smolensk crash and hold you accountable for disseminating and promoting falsified reports.

Therefore, we hereby request that you take into account all points of view in your reporting on this calamity and not only the Russian point of view that was subsequently forced for political reasons upon the Miller’s Commission. We sincerely hope that you will not be acting as an accomplice to the crime of manipulated investigation that resulted in blatant and unfounded defamation of the Polish pilots, Polish Generals, Polish President, and the Polish Nation and poses threat to international safety and security. We advise you to air on the side of caution as demonstrated for example by the Corbett Report #250 here:
and take into account numerous academic research reports on this subject, including the one attached above and those listed below:

The families of the Smolensk victims treated in inhumane and degrading manner as a result of gross violations of investigation standards intend to hold you accountable for any further dissemination of false and defamatory conclusions presented by the MAK and Miller reports. Furthermore, independent Smolensk crash experts who put their names on the line in searching for the real cause of this international calamity but are not given adequate opportunity to present their professional analyses and findings, thus are willfully and intentionally excluded from your program, stand ready to challenge Cinefix and National Geographic in court for broadcasting distorted and manipulated interpretation of this airplane crash of historic proportions.

You are advised not to follow the Katyn pattern of cover-up through lies, distortions, manipulations and intimidation, and not to lend any support to the Second Burdenko Report because this time the Smolensk victims’ families, Smolensk crash experts and the Polish people all over the world will stand up for the truth, their dignity and good name with determination and all legal means at their disposal.
The parties impacted by this tragedy and directly involved in the investigation of this crash shall be given equal opportunity to present their positions in this episode of special significance to the Polish people and the international community.

Please let me know before the broadcast date of January 27, 2013, what measures you intend to undertake in order to give equal voice to those who point to evidence directly contradicting the Russian version of events, and thereby assure a fair, balanced and unbiased presentation of this dramatic crash of historic proportions.

Sincerely yours,
Maria Szonert Binienda
Attorney at Law
Smolensk Families Association