This is an article on the Polish special courts during WWII. For information on the infamous German special courts during the same period see: Sondergerichte
After the Polish Defense War of 1939 the German authorities of the General Gouvernment mobilized all the pre-war Polish policemen to the German service. The so-called Navy-Blue Police (Policja granatowa, nick-named after the colour of their uniforms) were used as an auxiliary unit of the Gestapo and Kripo, yet they had no means of executing law and order in the occupied country. At the same time the German police forces and courts were more interested in persecution of Jews and members of Polish inteligentsia and underground rather than common criminals.
That is why on April 16, 1940, the Polish Government in Exile in London decided that the underground Polish courts be created for persecution of criminalists, traitors, informants and collaborators. Contrary to common belief, the Special Courts tried only the pre-war citizens of Poland who were legally subjects of the Polish law. No citizens of other states (including members of the occupying forces of Germany and USSR) were ever sentenced by the Special Courts. However, at times such claims were made by the Bureau of Information and Propaganda for propaganda reasons; nevertheless, executions of members of the SS and Gestapo were treated as elements of partisan warfare.
Debate
There is an on-going debate whether the World War II Polish Special Courts were lawful and obeyed the elementary laws. According to the historians working for the Institute of National Remembrance the courts fulfilled the five basic conditions:
The courts operated in the name of the Polish State and were subject to both pre-war Polish law and the wartime legislation.
The courts penalized mostly the misdeeds included in the pre-war Polish law. Most of the trials were related either to high treason or collaboration.
There are no sources that would claim that the Special Courts sentenced anyone without sufficient evidence of guilt.
The Special Courts were always trying to reach the lawful verdict. 40% of all the judicial procedures ended up with the defendants found not guilty. 25% of the verdicts were capital punishment, while the rest included lash, infamy, banishment or fines. In many cases the prosecution was suspended until the final liberation.
All of the procedures of the Polish law were obeyed. The only exception to that rule was the case of the so-called preemptive liquidation, when a person known for being a German spy or collaborator had to be executed before he could denunciate the resistance net.
However, some German historians claim that since 1939 Poland did not exist and the execution of the Polish law on German-held territory was against the international law. These claims, however, have not been proven since the annexation of Poland in 1939 was unilateral and acknowledged only by the Axis Powers and the USSR (which later declared the pacts with Germany null and void).
Because the authority that allows special masters to perform their assigned functions is delegated by the courts, Rule 53 requires that parties be given notice and an opportunity to be heard before appointment of a special master.
Because the costs associated with the services of special masters are most often borne directly by the parties, courts must give consideration to the financial positions of the parties before assigning a special master to a case.
Courts should recognize the broad array of duties that special masters may fulfill, as e-discovery represents a time-consuming aspect of court practice that could often be separated from a court's consideration of merits issues.
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