The Provincial Administrative Court in Warsaw revoked the decision of the Border Guard to return to the Belarusian border a Syrian who had escaped to the territory of Poland. The man was detained at the end of November last year. After hospitalization, he was withdrawn to the border, although – as the Helsinki Foundation for Human Rights reported – “he declared that he wanted to apply for international protection when he was arrested, but this declaration was not accepted”.
As explained in a press release by the Helsinki Foundation Human Rights“the case concerns a citizen Syriawho got to Poland at the end of November from Belarus and after staying in the hospital, he was returned to the border on the basis of the decision to leave the territory of the Republic of Poland “.
The HFHR added that this decision was issued on the basis of an amendment to the Act on foreigners. “It is issued to a foreigner who has been detained after crossing the border against the provisions of the law. This decision is immediately implemented by bringing the foreigner to any place on the border” – explains the Foundation, and adds that an appeal against this provision does not suspend its execution.
“In the described case, the foreigner declared that he wanted to submit an application for international protection when he was arrested, but this declaration was not accepted and he was returned to an undefined place on the border with Belarus. The foreigner also declared that Belarusian officials used violence against him in order to force him to cross the border with Poland again “- indicated in the press release.
The court repeals the decision of the Border Guard
Decision Border Guard was dealt with by the Provincial Administrative Court in Warsaw, which ruled that “the authority, using a simplified procedure, did not properly establish the facts of the case, and the decision was issued in a situation where the applicant was not allowed to present his position in the case and the circumstances of crossing the border were not reliably established by a foreigner, nor for the purpose of his entry into Poland “. “The court indicated that the only basis for issuing this decision was the border crossing protocol signed only by a Border Guard officer, and the justification of the decision was based on general and abstract statements,” writes the Helsinki Foundation for Human Rights.
The Provincial Administrative Court also stated – as the Foundation states – that the Border Guard “was required to conduct a thorough examination whether, in the event of a foreigner returning to the border, he would not be exposed to torture, in particular in a situation where reports of international organizations indicate that Belarusians are detaining foreigners on the Belarusian side of the border. ”
“The court emphasized that the reliance by the authorities on migration crisis on the Polish-Belarusian border does not exclude the application of the ban on returning foreigners to territories where they would be exposed to serious violations of human rights, even if they crossed the border contrary to the provisions of the law “- indicates the HFHR.
Helsinki Foundation for Human Rights
Main photo source: Twitter / straz_graniczna