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Tuesday, May 21, 2024

Bialystok. The court annulled the regulation of the voivode on the prohibition of moving objects across the border

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There is no specific specification in which area it applies. The lack of specification of what items are involved, which could lead to “bizarre situations”. Such comments were made by the Provincial Administrative Court in Białystok to the regulation issued by the Podlaskie Voivode on the transfer of items across the border with Belarus. However, there were much more comments. The court accepted the complaint of the Ombudsman and annulled the regulation.

The regulation issued in February 2023 on order regulations in the border zone at the border with Belarus in the Podlaskie Voivodship, forbade, among other things, throwing objects across the border line and collecting them. The Ombudsman wanted, in the complaint, to annul this regulation, and the voivode wanted to dismiss this complaint.

The ordinance concerned the transfer of objects across the borderShutterstock

According to the court, the voivode could not issue this ordinance

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– In the court’s opinion, the Commissioner’s complaint deserved to be considered, although not all the allegations and arguments raised were found by the court to be justified – judge Grzegorz Dudar said in the justification of the judgment.

The court explained that the key issue was that in accordance with the regulations, the voivode may issue order regulations only when it is necessary to protect life, health or property, also to ensure order, peace and public safety, and according to the court – the disputed regulation it did not fulfill it.

Read also: A Syrian got stuck in the swamps of the Białowieża National Park. Action “in very difficult and dangerous terrain”

– In the court’s opinion, all the indicated conditions enabling the issuance of an order regulation in the shape proposed by the voivode, i.e. a ban on moving, transferring, collecting objects transferred or transferred across the state border line, have not been met – said the judge.

The issues indicated by the voivode are already regulated by other regulations

The court emphasized that the justification for the regulation stated that it was introduced to eliminate the communication of migrants on the Belarusian side of the border and people cooperating with them who are on the Polish side of the border, so that it would not facilitate illegal border crossings for migrants. The court explained that the voivode indicated that the thrown items could be the only “carrier of information initiating certain activities of illegal migrants” when there are no means of communication and a ban on staying in the border zone.

– Unfortunately, the described purpose of introducing the above regulations was not included at all in the content of the regulation introduced in the first paragraph. According to the court (…), contrary to the voivode’s position, the above issues related to the transfer of information across the state border are sufficiently regulated by the existing legal provisions – the court justified and stated that the issues of illegal border crossing, including the facilitation of this crime, are regulated by the Penal Code.

The Ombudsman – in the opinion of the court – rightly pointed out that also according to Under the Code of Offenses, it is punishable by a (fine) attempt to assist in the illegal crossing of the state border.

Migration pressure from summer 2021, and the regulation in February 2023

The court also reminded that the migratory pressure – including the transfer of various items – on the border with Belarus began in the summer of 2021, and the disputed regulation was issued by the voivode only in February 2023, not recognizing that it was necessary.

Read also: A group of migrants on the Polish-Belarusian border. Border Patrol: they are outside the jurisdiction of our country

In the court’s opinion, this regulation was actually issued because at the end of 2022, the regulation introduced earlier by MIA a ban on staying within 200 meters of the border, and the regulations of the voivode on the ban on staying at the border due to the construction of a dam there expired. In the court’s opinion, this is clear from the case file. The court emphasized that these provisions prevented the transfer of items between persons on both sides of the border, and their expiry cannot be the main reason for the voivode to introduce the disputed regulation on the transfer of items.

According to the court, there could have been “bizarre situations”

The Provincial Administrative Court also pointed out that the voivode’s ordinance was unclear, because it did not precisely specify the area of ​​the border zone – there were even contradictions – on which the ban is being introduced, or what objects are being moved across the border.

This could result – as Judge Grzegorz Dudar said – in “bizarre situations” that, for example, an officer of the Polish services could be exposed to consequences for picking up a brick or stone thrown from the ground on the other side of the border.

He noted that the voivode’s ordinance provided for a fine for breaking it. The Commissioner for Human Rights pointed out that it independently determines the penalties for violating its provisions – and in accordance with the Constitution – it is possible only by statute.

The decision of the Provincial Administrative Court is not final and may be subject to a cassation appeal to the Supreme Administrative Court.

Operation “Sluice” – a crisis caused by Lukashenko

Migration crisis on the borders of Belarus and Poland, Lithuania and Latvia was triggered by Alyaksandr Lukashenko, who is accused of conducting a hybrid war. It consists in the organized transfer of migrants to the territory of Poland, Lithuania and Latvia. Over the 28 years of his rule, Lukashenko has repeatedly threatened Europe with weakening border controls.

Read also: Operation “Sluice” – where did the planes to Minsk come from? This is what emerges from the analysis of thousands of flights

Tadeusz Giczan, journalist of the Belarusian opposition channel Nexta, described the action of bringing migrants to Belarus from the Middle East or Africa to cause a migration crisis. He explained that the Belarusian services were conducting the “Sluice” operation invented 10 years ago in this way. Under the guise of trips to Minsk, promising transfer to Western Europe, Lukashenko’s regime brought thousands of migrants to Belarus. Then he transports them to the borders of EU countries, where Belarusian services force them to cross them illegally. This operation is ongoing.

Read more at tvn24.pl: Crisis on the Polish-Belarusian border

Main photo source: Shutterstock

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