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28/03/2022
PL: The District Court ruled that the detention of three Afghan nationals was unlawful and unnecessary.

ECLI
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Poland, District Court [Sąd Rejonowy], Applicant v Border Guard, VII Kp 203/21, 28 March 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2534
Case history
Other information
Abstract

According to ELENA weekly:


The Bielsk Podlaski District Court ruled in a case concerning three Afghan nationals. The applicants entered Poland irregularly from Belarus on 29 August 2021, expressed their wish to apply for international protection and were taken to a Border Guard post where they were detained for a few hours and returned across the border during the night. The Border Guards did not record any documentation of the event and the applicants complained against the detention and collective expulsion experienced. Their lawyers did not have access to them.  
 
The District Court firstly determined that the lawfulness of the detention depends on the manner in which it was carried out and the conditions of the detention. It continued that in the present case, the detention actually happened and can in no way be described as a “temporary restriction of freedom of movement”. It mentioned that the applicants' arguments that the officer’s aim was to feed and provide rest to the applicants was not convincing and that it was evident that the aim was to bring them to the border discreetly which was inhumane and illegal. The Court therefore held that the detention was unjustified and referred to national law in elaborating that the Minister of Internal Affairs could only limit or suspend traffic at border crossings and was not authorised to regulate the situation of people who have crossed the border as in the case at hand. It furthermore agreed with the applicant that stay in Poland cannot be limited until an application for international protection is examined and in this case the applicants clearly intended to apply for international protection. The Court reasoned that although the detention did not exceed the statutory limit of 48 hours, the applicants were not informed about their rights or reason for detention and it thereby concluded that their apprehension was unjustified, illegal and irregular in light of the applicable provisions of law.


Country of Decision
Poland
Court Name
PL: District Court [Sąd Rejonowy]
Case Number
VII Kp 203/21
Date of Decision
28/03/2022
Country of Origin
Keywords
Access to procedures
Detention/ Alternatives to Detention
Legal Aid/Legal assistance/representation
Other Source/Information
Association of Legal Intervention