A military court in Warsaw has acquitted a Polish soldier who accidentally shot a Syrian refugee during a border operation in November 2023, according to Notes from Poland. The ruling ends a case that had become a focal point in debates over the use of force by Polish troops stationed at the Belarus border.
Judge Michał Żak of the Military Garrison Court said it remained unclear exactly how the incident unfolded. He also cited expert evidence suggesting the soldier’s PM-98 Glauberyt submachine gun may have had defects that caused it to discharge when it hit the ground after the soldier fell.
The soldier, identified only as Adam Ł. under Polish privacy law and holding the rank of second lieutenant, had recently received his first border posting when the incident occurred in Poland’s northeastern Podlasie province. He was chasing a 23-year-old Syrian man who had fled after soldiers called on a group of migrants to stop around two kilometres from the border.
When Adam Ł. slipped and fell during the chase, his weapon accidentally fired two rounds. One bullet struck the Syrian man in the back, close to his spine. The soldier immediately provided first aid before the man was taken to hospital. He was discharged a few weeks later and granted asylum in Poland in May 2024.
From serious charges to full acquittal
Military prosecutors initially considered charging Adam Ł. with negligent use of a weapon resulting in serious injury, which carries a prison sentence of up to eight years, when it appeared the Syrian man could suffer partial paralysis. That charge was later downgraded to negligent use causing impairment or a health disorder, punishable by up to three years in prison.
The defence ministry provided the soldier with legal counsel from a special team established in 2024 to defend military personnel, advising him not to plead guilty. By the time the case reached court, prosecutors were seeking only a 2,000 złoty indemnity payment, while the Syrian man’s lawyer requested 50,000 złoty (around €11,500) in compensation.
Defence Minister Władysław Kosiniak-Kamysz welcomed the verdict, stating on social media: “From the very beginning, we provided him with legal assistance. A soldier who carries out his duties cannot be left alone, even in a difficult situation.” The ruling can still be appealed, and the Syrian man’s lawyer said they would await the judge’s full written justification before deciding their next steps.
Context of border tensions
Since 2021, Belarus has been facilitating the movement of tens of thousands of migrants, mainly from Asia and Africa, towards the Polish border. Poland has deployed thousands of soldiers to support border guards and police in response. Officers have at times faced violence; in June 2023, a Polish soldier died after being stabbed during an attempted border crossing.
Poland introduced legislation in 2024 making it easier for soldiers and uniformed officers at the border to use firearms, removing criminal liability in certain circumstances. The government has also strengthened physical barriers and banned asylum claims by migrants who cross irregularly from Belarus.
These measures appear to have had a dramatic effect. In the first half of this year, only 250 attempted crossings were recorded, down from 15,500 in the same period of 2025 – a 98% drop. Poland now claims a 100% success rate in apprehending those who do manage to cross.
What this means for Poles in Poland
The acquittal sets an important precedent for Polish soldiers serving at the border, clarifying the legal protections available when incidents occur during operations. The 2024 law removing criminal liability for firearms use in certain situations, combined with this court ruling, provides greater legal security for military personnel in high-pressure border situations.
For Polish citizens concerned about border security, the dramatic reduction in crossing attempts suggests the government’s hardened approach is having its intended effect. However, the case also highlights ongoing questions about the use of force and the treatment of asylum seekers at Poland’s eastern frontier.
Anyone with concerns about border policy or the treatment of migrants can contact the Polish Ombudsman’s office, which monitors human rights issues. Military personnel facing legal issues related to border service can access the defence ministry’s special legal support team established specifically for such cases.
