02/07/2024 Migration, Refugees and Displaced Persons
PACE rapporteur Stephanie Krisper (Austria, ALDE) has expressed concerns at the decision by the Polish government in June 2024 to enhance the operations of the armed forces, the police and the border guard in Poland in the event of a threat to state security. The draft law suggests that the use of firearms at the border be liberalised, and that soldiers be granted immunity when using such firearms in the border area.
"The draft law risks running counter to human rights obligations of Council of Europe’s member states, including non-derogable rights such as the prohibition of torture,” said Ms Krisper.
"These measures would supplement the ministerial regulation temporarily restricting access to the border area contiguous with Belarus, including for citizens, media, NGOs and parliamentarians, and which has significantly limited public oversight over the respect of human rights standards in this particular border zone.
This decision by the government suggests that pushbacks and the use of firearms against individuals crossing the border will continue unsanctioned, in clear violation of the non-refoulement principle and the right to seek asylum. Non-derogable Convention rights such as the right to life, and the prohibition of torture and inhumane or degrading treatment, may also be at risk.
The Polish government’s policy regarding the situation at the border with Belarus has been negatively assessed by the Polish Ombudsman, the UNHCR, and Polish human rights organisations.
As stressed in Resolution 2555 (2024), ‘policies of deterrence have neither demonstrated their efficiency in enhancing domestic security nor strengthened the protection of civil liberties’. I call on the Polish government to cease work on this draft law and to implement human rights compliant border management policies."