As part of improving the activities of police, troops and services on the Polish-Belarusian border, The Sejm has introduced changes in regulations. He constructed a "contratype of crime" that says that the usage of weapons against the rules will not be a crime if a soldier or an officer finds himself at hazard and that the border is threatened (these conditions must happen together). And besides erstwhile the individual the soldier or officer calls for to drop a weapon or a dangerous object does not do so, besides in the event of a border threat. This clarification and geographical regulation was due to concerns presented by lawyers that the provision could be utilized throughout Poland, besides against its citizens. She raised this problem during the debate in the Sejm Anna Maria Żukowska, informing that the explanation of the provision will depend in the future on governments another than the current one, and can be used, for example, to suppress demonstrations.
Non-constitutional provision
The full wording of the provision is as follows: ‘No criminal offence shall be committed by a soldier, police officer or Border defender who, in violation of the rules governing the usage of direct coercion or the usage of weapons or another weapons or the usage or usage of direct coercion or firearms, gives an order for their use, usage or use, usage or usage them, in connection with the performance of their duties or duties, in order to:
1. to defy a direct and unlawful assassination, the wellness or freedom of that soldier, a police officer or Border defender or any another person, in the event of a direct and unlawful assassination of the inviolability of the state border, or
2. countering acts straight aimed at the assassination of the life, wellness or freedom of that soldier, police officer or Border defender or any another individual in the event of a direct and unlawful assassination of the inviolability of the state border, or
3. the request to argue a individual who does not comply with the call for the immediate abandonment of a weapon, an explosive or another dangerous object, the usage of which may endanger the life, wellness or freedom of that soldier, a police officer or a Border defender or another person, or who tries to illegally take the weapon distant from a soldier, a police officer or Border defender or another individual entitled to hold it, in the event of a direct and unlawful attack on the inviolability of the state border, where circumstances require immediate action."
The Helsinki Foundation for Human Rights gave negative opinions, as did the Krakow Criminal Law Institute. "The exclusion of the illegality of certain activities of service and soldiers may lead to Poland's violation of the order to defend life and ban torture and inhuman treatment. According to his assumptions in certain cases, e.g. in the event of failure to abandon a dangerous object, an officer will not be liable to criminally, for violating the rules on the usage of firearms, “if the circumstances in which he acted required immediate action from him” – writes HFPC.
In the opinion of HFPC, migration force is not adequate to change the rules and de-penalise activities incompatible with them. On the contrary: in the opinion of lawyers, the fact that civilian people, of different ages and health, pass through the border should be even more delicate to non-abuse. Deregulation decriminating the abuse of weapons and means of coercion will not improve the situation of soldiers whose already existing law full enables self-defense. HTCC lawyer Marcin Wolny writes: “Already existing laws allow, in situations related to the threat of life or health, to deviate from certain rules on the usage of weapons or direct coercion. They form the basis for action by state officials, repealing the illegality of specified actions. In terms of impact, they so act in the same way as the proposed regulations."
KIPP warned, that the provisions infringe Articles 2, 7, 31(3), 30 and 42(1) of the Constitution and stay "in clear conflict with the rules and values of the democratic regulation of law". In the opinion of the carnists, the government will not rise but will importantly reduce the level of safety of migrants, humanitarian workers and the officers themselves.
These opinions were cited by Members and Members of the Left, proposing that the usage of weapons should not be sanctioned, but stay a crime. The overwhelming majority of the committee that worked on the project, as well as the Sejm, rejected this idea, considering it besides clever – an officer who commits a crime cannot proceed his service.
Of course, the first thought that allowed shooting at everyone, in the final version was limited only to those who, crossing the border, pose a threat. But who will justice the decisions made by the soldier? The Military Police that's been scolded by politicians lately? Officers from another departments? Or the shooter himself? More Members have argued that we must simply trust soldiers and officers.
Conquest speech in the Sejm
In addition to decriminalisation of the illegal usage of weapons and another means of coercion, the Act introduces the word ‘military operation during peace’. This is simply a fresh kind of emergency state, which, according to Members, is expected to respond to the challenges of the hybrid war and to the actions of NATO troops erstwhile "circumstances require immediate action" and the own forces are insufficient.
Additionally, the soldiers will be entitled to a public defender, and the Military Gendarmerie is to be delicate to “the honor of the soldier” and not to handcuff him.
In addition to 14 MPs and MPs from the Left, Claudia Jachira, Franek Sterczewski and Małgorzata Tracz voted against the legislation. The Confederates abstained, the others voted in favour, although the Polish MEPs 2050 expressed many doubts in the discussion.
Mr Peter Fear asked what we were guarding at the border and whether they were democratic values and protecting human rights. He repeated the slogan of Poland 2050 that the defence of safety does not conflict with values. Members of this organization voted in favour due to the fact that they passed the amendment they proposed ordering reporting all 30 days before Parliament, how the "extraordinary state" works.
Confederate Members remained unsatisfied – that is why they abstained from voting. Like the PiS MPs, they wanted to introduce sonic weapons that hurt with sounds, and so that they could be shot for just crossing the border.
MP Berkowicz exclaimed: “One effective shot would suffice, either injuring or killing the shot, so as not to have a problem. 1 simple signal that you do not cross the Polish border due to the fact that you get shot!’ He called humanitarian organizations criminal, financed from abroad.
Monika Wielichowska of the PO, who held the meeting, did not take the level from him, did not turn off the microphone. She allowed a free speech in which he called for death punishment for wrongdoing – due to the fact that irregular crossing of the border is not even a crime – and there is no death punishment in Poland.
Why didn't she turn off his microphone? possibly due to the fact that Berkovich's message was not much more drastic than others, including Members of the civilian Coalition. In this communicative of civilians, anyway, always since he stabbed a soldier, he's gone. There are gangs, hordes, invaders, mercenaries of Lukashenko, militants and trained troops that have “devils in feces” and “shoot from slingshots”. The request to shoot migrants justified Russian crimes in Ukraine. As if migrants were Russian soldiers, and ours were fighting them, defending us from torture and rape.
Politicians don't go to the border, so they can imagine what they want about people who approach the border, but the service, in order not to see civilians, would gotta stand there with their eyes closed.
Zembaczyński, highly horny, gestured, shouted: “The choice is simple, there are no half-measures. (...) Either you are loyal to the Polish constitution and Polish citizens and their security, or you are loyal to the Lukashenko regime.”
Cezary Tomczyk besides found the decriminalization of the incompatible shooting rules to be inalternative. due to the fact that PiS left behind “a holed fence, deficiency of coordination, shortages in equipment”, and the fresh government – boasted – “made extra equipment and experienced soldiers, wolverines, military gendarmerie, police prevention landing regiment”. He besides stated that "as individual crosses a five-foot fence, he is simply a criminal." Is what the Deputy Minister of National Defence said very different from what Berkovich said? Nope. Tomczyk besides believes that a firearm should be utilized for individual with a branch or slingshot in his hand. Rosomaks on slingshot may seem like a joke, but the situation is simply dangerous.
These statements of politicians in the Sejm are going into the planet right now, erstwhile they dared by the anti-immigrant language and the action of the democratic government that was to uphold the regulation of law, National fascists gather to “patrol” forests at the border, “supporting the activities of the services”, and transmit on social media photos taken most likely last year by officers of the Polish state, who told migrants – defenceless, exhausted and thirsty – to pose with their fingers at their ears, pretending to be animals.
The language of force and fear entered mainstream. The government allowed a very dangerous thing to happen, and it did so to cover up the deficiency of competence of the services in view of the complex situation at the border. For “service efficiency” he devoted to the regulation of law, human rights, decency. He opened up a way to force that would only get excited. It is simply a populist, ad hoc policy that will not benefit us in the long term.
Belarusians will shoot videos about how Poland treats susceptible people. I imagine that they will send them to Moscow, and Moscow to the people in the countries to which its interests reach, showing what Europe truly is.
