Powerful investigation and first decisions on the breach of the powers of officials at the Belarusian border

The territory Prosecutor's Office in Siedlce presently conducts 23 separate proceedings concerning the activities of service officers on the Polish-Belarusian border. The investigation covers events from September 2021 to March 2024 and focuses on the anticipation of exceeding powers and failing to fulfil duties by the Border Guard, police and another services. Among the cases investigated are incidents involving the usage of weapons by officers and alleged push-backs, i.e. the return of migrants to Belarus.

State of proceedings

Prosecutor Krystyna Gołąbek reported that so far no of the cases have ended with charges. However, 12 proceedings were completed, which had been dropped for deficiency of the legal record. There are 11 cases in which the prosecution carries out procedural activities specified as witness interviews, paper analysis and global legal assistance.

Key cases

1. Use of weapons by a border defender officer On March 31, 2024, a Border defender officer utilized weapons against a Syrian citizen who suffered insignificant injuries. Migrants were to flee despite repeated warnings about the anticipation of utilizing weapons. The D.A. dismissed the case, stating that the officer's actions were legal.
2. Push-back Ethiopian citizen In February 2023, a citizen of Ethiopia returned to the border with Belarus. During the investigation, a man in Germany was questioned where he testified that he had not been forced or suffered violence. On this basis, the prosecution concluded that there was no violation of the law.
3. Koczowisko in Usnarz Upper 1 of the most crucial themes is the case of 32 Afghans, who for more than 40 days in August 2021 camped in the area of advanced Usnarza. The Prosecutor's Office shall examine whether the Border defender officers have violated the law, refusing to accept applications for global protection, blocking access to medical assistance and not allowing attorneys. This case is besides the subject of a complaint to the European Court of Human Rights, which is to issue a ruling in February 2025.

Legal and political context

The territory Attorney's Office in Warsaw conducts separate proceedings concerning events in Usnarz Górny, which took place during the migration crisis on the Polish-Belarusian border. In August 2021 a group of dozens of migrants appeared in the area, which the Border defender prevented from entering Poland. At the time, the Polish authorities accused Belarus of organizing migration force as a form of hybrid war.

Expected rulings and reactions

In February 2025, the European Court of Human Rights is expected to deal with a complaint concerning the actions of the Border defender in Usnarz Upper. The judgement may affect the direction of future investigations and the assessment of service activities in the context of human rights.

Summary

Investigations concerning the activities of officers on the Polish-Belarusian border are complicated and cover many threads. The Prosecutor's Office emphasises that it carries out procedural activities in accordance with applicable law and on the basis of the evidence collected. Key decisions, specified as the judgement of the European Court of Human Rights, can have a crucial impact on the further improvement of cases.