photo of Facebook/Man of the ForestThe rules allowing the return of foreigners who cross the Polish border contrary to the rules are contrary to EU and global law and Polish laws. Ombudsman calledto destruct the anticipation of pushbacks
The Ombudsman cited, among others, the positions of global human rights protection bodies and the conviction of the Provincial Administrative Court in Białystok.
In a letter to the Ministry dated August last year, on amendments to the Ministry of abroad Affairs Regulation of 13 March 2020 [suspension or regulation of border traffic at certain border crossing points — ed.], the RPO noted that it introduced on 21 August 2021 to the Paragraph 3 of that act paragraphs 2a and 2b are the basis of pushbacks, i.e. the return to the border line of the State of persons who do not belong to any of the categories of entities entitled to cross the border, and are in the border crossing where border traffic has been suspended or restricted, or outside the passage – we read InPublic Information Bulletins of the RPO.
This practically removes the anticipation of crossing the border to persons who declare their intention to apply for global protection, and to persons who have crossed the border in a way contrary to the law prevents the effective submission of a request for protection, although they have the right to do so [on the basis of the law on granting protection to foreigners in the territory of Poland – ed.]. Guarantees for the exercise of this right are based on Article 56(2) of the Constitution," emphasises the RPO.
Complaints about people who have been returned from the border are regularly received by the Ombudsman's office despite the danger they face in Belarus. Complaints besides concern the difficulty in notifying SG officers of their willingness to apply for global protection. According to the RPO, it is simply a peculiarly worrying practice to turn people back after being in hospital. The Ombudsman’s office was reportedthe case of the reversal of a man who could not decision himself and who had previously been given medical assistance (a rail was established due to leg injury).
The RPO draws attention to the conviction of the Provincial Administrative Court of Białystok of 15 September 2022, which took into account complaints against the actions of the commandant of the Border defender in Michałów, consisting in returning foreigners to the border under this regulation. The Court of First Instance stressed that, in the case of a request for global protection by foreigners, it was the work of SG officers to let them to do so.
The court found that §3(2b) The Ministry of abroad Affairs Regulation cannot be applied automatically and autonomously, with the exception of global and EU law and national laws.
The Ombudsman so considers that it is entitled to conclude that §3(2a) and (2b) of the Regulation are provisions incompatible with Polish laws, as well as EU and global law.. According to the Constitution, these are laws, not regulations implementing laws, may be the basis for imposing restrictions on the freedoms and rights of the individual. – The provisions of the Regulation do not correspond to this standard – considers the RPO.
The Ombudsman so asked the Minister to take action to destruct §3(2a) and (2b) of the Regulation from the order of law.
The full position of the Ombudsman: HERE
photo of Facebook/Man of the Forest
