The Hajnówka territory Court is undergoing a loud process of border activists, and fresh evidence indicates their engagement in human trafficking and the organisation of illegal migration.
On Tuesday, April 15, the court dismissed the prosecution's request to return the case to supplement the investigation in the trial of 5 activists accused of facilitating illegal residence in Poland for migrants. The case concerns events from March 2022 on the Polish-Belarusian border.
Change of charges and fresh evidence
Initially, the defendants were to be held liable for helping the Egyptian citizen and the Iraqi household illegally cross the border. After a two-year investigation, however, the prosecution changed the qualification of the act. 1 individual was accused of providing food, clothing and shelter to migrants and of providing information useful in the event of detention. The another 4 were accused of transporting foreigners into Poland.
Due to large media interest, the trial was transferred to Białystok. During the investigation, the prosecution presented fresh evidence from a separate investigation conducted by the Lublin office of the National Prosecutor's Office.
Prosecutor Magdalena Rutyn revealed screenshots of messages and voice recordings from the telephone found in the 2 defendants' car. The content shows that activists have instructed migrants how to safely get through Poland to Western Europe, to establish versions of events for services and to inform about transport charges.
Financing the smuggling of donations?
The D.A. besides noted the correspondence of 1 of the defendants with a individual referred to as the smuggler. The content shows that backing of this activity may have come from donations made by Poles supporting humanitarian actions.
The Court of First Instance deferred its decision on the inclusion of fresh evidence in the file and any possible change in the qualification of the act. The prosecution is to indicate in writing their connection with the ongoing proceedings.
Threat of severe penalties
Trafficking in human beings is punishable from 3 to 20 years imprisonment, and the organisation of illegal border crossing from 6 months to 8 years in prison. This applies to both the Polish-Belarusian border and the Polish-German border.
Suspension of asylum and the "legal loophole"
At the end of March Poland temporarily suspended the anticipation of applying for asylum at the border with Belarus. The provisions shall apply to 25 Maybut the deadline may be extended.
"The only way to halt the Border Guard's decision to refuse asylum is to apply for an interim measurement to the European Court of Human Rights" – emphasizes TOK FM portal.
ETPCz has already issued 2 specified temporary measures, including 1 at the beginning of April, ordering Poland to 28 April did not send a man back to Belarus, as this would endanger to violate the right to life and exposure him to “torture and inhuman treatment”.
The activist process will proceed in mid-May. A solidarity picket was held in Białystok, attended by respective twelve people.
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In Hajnówka, the process of activists accused of trafficking in human beings and organizing illegal migration began
