NewsHuman Rights Watch (HRW) on Tuesday criticized the inhumane treatment of migrants attempting to cross into Poland from Belarus, especially criticizing the actions to Polish border guards. According to the organization, Polish law enforcement “unlawfully” pushed migrants back into Belarus, sometimes using violence, while also denying them access to asylum procedures in violation of international and European human rights laws.
In its release, the human rights organization reported multiple cases in which Poland’s border guards violently pushed back migrants at the border with Belarus, disregarding their security and protection needs. This has exposed migrants to serious risks of abuse and forced them to endure harsh living conditions outdoors. HRW further noted that even those migrants who managed to enter Poland experienced poor treatment from law enforcement agents. According to interviews conducted by the organization, asylum seekers who are currently within Polish territory have been subject to various forms of abuse from border and law enforcement officials such as physical violence and destruction or confiscation of their belongings.
HRW also claims that Polish border officials denied migrants access to asylum procedures, with one migrant recounting being forced to sign documents she did not understand, resulting in her expulsion to the Belarusian side of the border.
The organization consequently urges Polish authorities to halt the forced pushbacks of migrants and thoroughly investigate all allegations of abuse at the border, emphasizing the need for the government to comply with Poland’s obligations under international and European human rights law.
The relevant documents include Article 18 of the Charter of Fundamental Rights of the European Union (EU), which guarantees refugees the right to asylum, and Article 19, which prohibits the removal, extradition, or expulsion of migrants to countries where they may face the death penalty, torture, or other inhuman treatment, reflecting the principle of non-refoulement also outlined in Article 33 of the 1951 Refugee Convention. Additionally, the EU Pact on Migration and Asylum obliges member states to provide adequate living conditions for asylum seekers and ensure procedural guarantees, such as free legal counseling and guidance during the administrative stages of the asylum process.
Poland and Belarus share a 400 kilometer border that has been experiencing an influx of migrants since 2021, prompting a violent response from Poland. Earlier this year, Poland announced the launch of the Shield East program, a security plan to counteract threats on NATO’s eastern flank. Following this, the country’s Prime Minister Donald Tusk announced that Poland would further fortify its border with Belarus after a border official was stabbed by a migrant. In response to this incident, the parliament adopted a controversial bill allowing armed forces to use firearms against migrants attempting to cross the Belarusian border. Poland’s approach to the migration crisis has also attracted criticism from the Council of Europe (COE) Commissioner for Human Rights, who stated that the country’s border enforcement practices violated the European Convention on Human Rights.
