Council of Europe accuses Poland of violation of migrants’ rights on border with Belarus

Polish authorities continue to deport migrants en masse across the Polish-Belarusian border in violation of international human rights laws and the bill proposing to exempt border guards from criminal liability will only make the situation worse, TASS reports citing a statement by the press service of the Council of Europe Commissioner for Human Rights Michael O' Flaherty.

Michael O’Flaherty published two letters sent on 17 July to the Prime Minister and the Marshal of the Senate of Poland concerning the human rights situation on the border with Belarus.

In his letter to the Prime Minister, the Commissioner expressed concern about the reported continuing practice of summary returns of persons across the Polish-Belarusian border, in contradiction with Poland's obligations under international human rights law, the message reads.

The Commissioner also fears human rights consequences of the so-called buffer zone established on part of that border in Poland. He called on the Polish authorities to “ensure that all laws and practices in connection with the situation on Poland’s border with Belarus comply with relevant Council of Europe human rights standards”.

Commissioner O’Flaherty expressed concern about the bill proposing to exempt from criminal liability some state agents deployed in border areas. According to him, “the bill, if adopted, may create a legal and policy framework that provides a disincentive for state agents deployed in the border areas to act in respect of the rules on the proportionality in the use of force and firearms.

Combined with the effects of the so-called buffer zone and the resulting decrease in the level of public scrutiny of the actions of security forces deployed there, the bill could thus “foster a lack of accountability and suggest a lack of commitment to human rights obligations”. The Commissioner called on members of the Senate to refrain from adopting the bill in its current form. The letter also says that “the invocation of national security cannot serve as a carte blanche to adopt measures that raise questions of compatibility with human rights standards”.

Last Friday, the Polish Sejm approved, by a majority vote, a bill that expands the range of legal use of weapons by Polish military, police and border guards. Now, without fear of criminal punishment, they can shoot at anyone trying to cross the border.