Five activists were detained when she carried cars of migrants from Iraq and Egypt. They were charged with them, and in the District Court in Hajnówka (Podlasie) a trial moved against them, which caused great emotions. There was a protest in front of the court building with the participation of, among others Janina Ochojska. Participants were outraged that the prosecutor's office wants to punish activists for helping people in need. The president of the Supreme Bar Council turned to the head of the Ministry of Justice Adam Bodnar, that as the Prosecutor General, he would give the order to withdraw the indictment.
On Tuesday (January 28) in front of the building of the District Court in Hajnówka The trial of five activists began, whom the prosecutor's office accused of facilitating the stay in Poland to migrants with Iraq and Egyptwho illegally crossed the border with Belarus.
The prosecutor's office accused one of the people, among others That she provided illegal migrants with food and clothes when they were in the forest. It was also to provide them with information useful in the event of detention, give them to foreigners shelter and provide rest and transport deep into the country. The remaining four people were accused of transporting foreigners deep into the country. In the opinion of the prosecutor's office, the accused acted to achieve personal benefits by the people they helped.
Four of the accused appeared on the trial Artur Reszko/ PAP
They took the Iraqi family with the seven children and the citizen of Egypt
It is about the event from March 2022 and – as activists write in social media – help provided to the Iraqi family with the seven children and a citizen of Egypt.
As on Tuesday, in an interview with tvn24.pl, she said Daria Górniak-Dzioba who knew the case (she is a lawyer cooperating with the Podlasie Volunteer Humanitarian Emergency Service, which also helps at the border), refugees got food and clothing from activists.
– Children were chilled and starved. Humanitarians took everyone to the nearest Border Guard facility in Białowieża so that they could submit applications for international protection in Poland. This is what the prosecutor's office was about – transporting into the country – she said.
They protested in defense of activists Artur Reszko/ PAP
The president of the Supreme Bar Council wrote to the minister
All five of the accused do not admit, argue that they helped people in need. After Tuesday's hearing, the next date has not been set yet, it is planned for April or May.
On Thursday (January 30), the president of the Supreme Bar Council Przemysław Rosati turned to the head of the Ministry of Justice Adam Bodnarthat as a prosecutor general, he issued an order to withdraw the indictment.
See also: Activists won in court with the border guard. It is about admission to the buffer zone at the border
“There is no doubt that not every act that meets the statutory features of a crime must be considered a crime. Pursuant to Article 1, paragraph 2 of the Penal Code, an act prohibited from negligible social harm is not a crime. In this case, there is no social harmfulness in the behavior of the accused ” – emphasized the president of NRA Przemysław Rosati in a letter to Minister Bodnar.
With an acceptable action that characterizes humanitarianism
Referring to the issue of unlawfulness, punishment or guilt, he points out that actions that are characterized by humanitarianism and interpersonal solidarity are considered permissible in a democratic state.
“Social acceptability for behaviors that consists in providing support to people in need, by giving them dry clothing, feeding them or granting shelter, is common,” wrote Patron Rosati.
In his opinion, the mere fact of transporting migrants by car “as long as it was not accompanied by aim other than the resulting rules, falls within the catalog of permissible and socially acceptable behavior.”
About 80 people took part in the protest before the court Artur Reszko/ PAP
Rosati believes that withdrawal of the indictment will not be a defeat of the prosecutor's office
“The sum of these circumstances determines that there is no social harmfulness of the act, and consequently there is no crime,” added Rosati.
He emphasized that the withdrawal of the indictment in this case “will not be a defeat of the prosecutor's office, but a triumph of justice and guarding civil rights and freedoms.”
🟢AkTygists sitting on the bench in court in Hajnówka gave their behavior a testimony of respect for commonly recognized values and protection of the rights of the individual.
They undertook the effort to protect fundamental rights, the source of which is induced and inalienable dignity … pic.twitter.com/rdmgdjvwae– Przemysław Rosati (@Adwokatrosati) January 30, 2025
He informed about the letter to Minister Bodnar Bodnar Rosati in social media, he also posted a copy of this document there.
“Activists sitting on the bench of the accused in Hajnówka gave their behavior a testimony of respect for commonly recognized values and protection of the individual's rights. They undertook the effort to protect fundamental rights, the source of which is the inherent and inalienable human dignity. It is inviolable, and its respect and protection is an obligation public authorities, as provided by Art.
They appealed not to punish for goodArtur Reszko/ PAP
The application was received
– I can confirm that such a letter was received on Thursday to the National Prosecutor's Office, it is addressed to prosecutor general Adam Bodnar. In this letter, the president of Rosati actually manages the application for the prosecutor general from the right to issue a command in a case in the court in Hajnówka and withdrawing this indictment. The application has received and will be evaluated, with respect and professionally we will refer to this letter – says the spokeswoman of the Prosecutor General Prosecutor Anna Adamiak.
He points out that Minister Bodnar must read this conclusion.
– issuing a command must be based primarily on knowledge of the case. We want to change the standards a bit when it comes to prosecutor's prosecutor's office. Issuing the command violates prosecutor's independence. (…) We would like to shape a slightly different prosecutor's office than before – adds prosecutor Adamiak.
The case of the VII VII Criminal Department in Hajnówka, in which 5 people were accused of facilitating immigrants in the territory of the Republic of Poland against the regulations, requires all of us all, including all of us as the prosecutor general, …
– Adam Bodnar (@Adbodnar) January 31, 2025
Minister Bodnar: The court must examine whether they have not crossed the red line
“On the one hand, we have the activities of people and organizations to help refugees on the Polish border on the other Even if it is motivated by a desire to help, “he said.
He also informed that the Department of Preparatory Proceedings of the National Prosecutor's Office began an careful analysis of the investigation, evidence and the legitimacy of the allegations in this case.
Operation “Lock” – a crisis caused by Lukashenko
Migration crisis on the borders of Belarus with Poland, Lithuania and Latvia He was caused by Alaksander Lukashenko, who is accused of waging a hybrid war. It involves the organized transfer of migrants on the territory of Poland, Lithuania and Latvia. In more than 28 years of his rule, Lukashenko has often threatened Europe with a weakening of borders.
The action of downloading migrants to Belarus from the Middle East or Africa, in order to cause a migration crisis, was described on his blog by a journalist of the Belarusian opposition channel Next Tadeusz Giczan. He explained that the Belarusian services in this way conducted the “lock” surgery 10 years ago. Under the guise of trips to Minsk, promising to move to Western Europe, Lukashenko's regime brought thousands of migrants to Belarus. Then he transports them to the borders of the EU countries, where Belarusian services force them to cross them illegally. This operation is still going on.
Aid organizations about the situation on the border
Organizations providing humanitarian aid on the Polish-Belarusian border say that despite changing the government in Poland against migrants, the law is still broken. They argue that they have documented cases of throwing people abroad with Belarus who clearly asked for international protection and the presence of volunteers. During one of the press conferences, a drastic film was presented by the Volunteer Humanitarian Emergency Service, which shows the dragging of the woman's inert body through the gate in the border fence and abandoning her on the other side.
Assistance organizations demand that the government restore the rule of law on the Polish-Belarusian border, conducting a policy of borders protection with respect for international and domestic law guaranteeing access to the procedure for applying for international protection and compliance with the non-refourent principle, initiating the administrative proceedings provided for by the right to persons crossing the border, Immediate arrest of violence on the border towards people on the way and to be liable to guilty of violence.
“We know about people in severe health thrown out of military ambulances, as well as explored straight from the hospitals. Men, women with children and minors without care go behind the wires and the border. Beating, undressing, kicking, throwing handcuffs, destroying phones and documents, receiving backpacks with provisions and clean water. international in Poland, and then they are taken by the fence ” – we read in the organization's joint statement.
Read more on tvn24.pl: Crisis on the Polish-Belarusian border
Source of the main photo: Artur Reszko/ PAP