The Purim Miracle in a Courtroom

Purim

Having analyzed the decisions and judgments of Polish prosecutors and judges in cases concerning anti-Semitic and racist hate speech one may wonder what makes them so lenient and sympathetic towards the views voiced by bald and well-muscled men who are eager to extend the right arm in the air with a straightened hand and make the Nazi salute? If one could suspect that this attitude of the Polish judiciary towards hateful words just shows fascination with the doctrine of the First Amendment to the United States Constitution, one could sigh with relief. However, I have no doubts, unfortunately, that the reasons for this are different – most often it is just opportunism, sometimes perhaps even a positive response to anti-Semitic and racist slogans.

Thus it is especially important to single out and praise those prosecutors and judges who are not afraid of breaking this disgraceful pattern of discontinued proceedings and court acquittals, so typical in cases brought against soccer fans who reveal their anti-Semitic and racist attitudes at football arenas. It is ironic that the majority of those who curse out a “Jew referee”, in this way expressing their dissatisfaction with the red card shown to a player of their team, have never seen a single Jew in their entire life.

We waited for a very long time in Poland for the court judgment which was recently handed down by the district court in Warsaw. The court sentenced 17 soccer yobs to do community service, make money contributions to the Union of Jewish Religious Communities in Poland and… watch Izabella Cywińska’s movie “The Purim Miracle”. After a nearly one year long investigation the prosecutors accused 17 identified hooligans who publicly incited others to racial and religious hatred. Initially the court discontinued the case and said that chanting yobbo slogans cannot be qualified as hate speech. The prosecutors did not agree with the discontinuation and the case was re-examined by the court. A wise, sensitive judge adjudicated that the words “Juden auf den Gas” are synonymous with inciting to hatred against the Jews. One may only wonder: is it more terrifying or farcical that Polish football fans, who call themselves true patriots, chant such words in German, the language of those who during the Second World War wanted to annihilate their motherland and the nation?

The guilty sentence in the case is a success. But ordering the fans to watch “The Purim miracle” movie of Izabella Cywińska made in 2000 is even more interesting. The movie tells a story of an ordinary Polish worker, Jan Kochanowski (it is very difficult to come up with a more “pure Polish” surname!), who lives an ordinary life in a flat in Łódź with his wife and son, an anti-Semitic soccer fan. When Kochanowski loses his job, he blames all his misfortunes on western capitalists and Jews. He is in shock when one day he receives a call from an American lawyer telling him that he inherited an estate from his departed relative of whom he did not know. The only condition to get the estate is to convert… to Judaism. Kochanowski learns at the same time that he has Jewish roots and that his family name is… Cohen. And then he receives another “blow” – his wife admits to Jewish ancestry. The movie shows how the family members, including the son, an ardent fan known for chanting anti-Semitic slogans, discover the Jewish tradition and faith, and undergo a true transformation which ultimately has no relation to the inheritance. The stupidity and harmfulness of anti-Semitic prejudices are mercilessly exposed in this movie – and anyone who watches “The Purim miracle” can understand this.

It is doubtful if after watching Cywińska’s movie 17 football fans will undergo a kind of transformation which happened to the characters in “The Purim miracle”. But perhaps just one of them will stop for a while and think twice before he will continue to shout idiotic, anti-Semitic slogans or, at least, he will understand that with hateful, brutal words he hurts others – and these, for sure, are not his “enemies” – i.e., not the fans of the hostile football team. It seems that the court rulings similar to the one which was issued in Warsaw district court are the only reasonable and efficient solution to the problem of penalizing hate speech. They belong to the category of retributive justice which focuses on the ways and mechanisms of retrieving the harm and damage done, also in the large – social dimension and on causing authentic change in the attitude of the perpetrator. It is more about teaching the perpetrator how to deal with the reasons of his anger or hatred than to punish him. In the Polish judicial record this practice is still almost unnoticeable and one may only wish that such “miracles of Purim” happen to us more often.