Council of Europe (COE) Commissioner for Human Rights Michael O’Flaherty on Monday criticized Poland’s current border enforcement practices, stating that it fails to meet the standards of the European Convention on Human Rights (ECHR). O’Flaherty especially highlighted that the practice of returning migrants to Belarus without an individual assessment violates several human rights protected by the Convention.

The Commissioner reported receiving “credible allegations of isolated acts of misconduct by some members of the Polish Border Guard against asylum seekers and migrants.” The COE also pointed to recent Polish legislation that exempts state agents from criminal liability for using firearms against migrants under certain circumstances, which the COE argues contravenes ECHR provisions.

The ECHR prohibits states from subjecting migrants to “a real risk to life…torture…inhuman or degrading treatment or punishment.” This requires individual assessment of each migrant’s situation to determine if deportation would post such risks. Failure to conduct these assessments likely violates Article 2 and 3 of the ECHR, which protect the right to life of migrants and prohibit actions which could subject migrants to torture or ill-treatment.

Commissioner O’Flaherty’s visit to Poland from September 16-18, in a follow-up to a July report from the COE which concluded that Polish law needs to be reformed to comply with standards imposed by the ECHR. This report highlighted the creation of a buffer zone which could prevent humanitarian actors from administering aid to migrants, as well as the practice of returning migrants to Belarus without an individual assessment, referred to as the practice of summary returns. According to official figures, 7,317 people were subjected to summary returns between December 2023 and June 2024.

Poland has been grappling with a growing migration crisis at its eastern border since 2021. The strain on state resources has been made worse by Poland’s acceptance of large numbers of Ukrainian refugees since the beginning of the Russian invasion in 2022.

The Council of Europe is an international organization that was created to “promote democracy, human rights and the rule of law across Europe and beyond.”