Poland‘s parliament has passed controversial proposals to allow border guards to use firearms in self-defense under certain conditions. Human rights organizations have expressed concerns that these legal changes violate human rights standards, while the government argues they are necessary to protect Poland’s border with Belarus from increasingly aggressive migrant groups.
Last month, a 21-year-old soldier died after being stabbed while trying to prevent migrants from entering Poland illegally. The Polish government accuses Belarus of encouraging Asian and African migrants to enter Poland illegally to destabilize the European Union. In response to the soldier’s death, Poland has reinstated a temporary border exclusion zone, restricting public oversight by requiring journalists and NGOs to obtain passes to enter the area.
Deputy Interior Minister Maciej Duszczyk reported that 13 border protection officers have suffered permanent health damage due to attacks by migrants over the past three years. He emphasized that officers would only be exempt from criminal liability if they used their weapons in response to direct assaults to protect their colleagues’ lives. Duszczyk addressed concerns from the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, who, along with other human rights organizations, urged MPs to reject the proposals, arguing they contravene human rights standards and might lead to excessive use of force by border patrols.
Despite these concerns, the public appears to support Prime Minister Donald Tusk’s firm stance on border security, with a recent poll showing 86% approval for allowing soldiers to use their weapons to repel attacks by migrants. Many were outraged last month when three soldiers patrolling the border were detained and handcuffed after firing warning shots towards migrants attempting to breach the border fence. In response, Tusk announced plans to reintroduce the exclusion zone and amend the law on the use of firearms.
Commissioner O’Flaherty also appealed to Tusk to halt the practice of migrant pushbacks, stating that 7,317 people had been summarily returned to Belarus between December 2023 and June 2024, sometimes after requesting asylum in Poland. Duszczyk defended this practice, describing it as a proportionate response and assuring that migrants seeking international protection were not being returned.
NGOs estimate that 130 migrants have died in the border zone between Belarus and its three EU neighbors, Poland, Lithuania, and Latvia, over the past three years, often succumbing to harsh conditions. Duszczyk affirmed that the new government has adopted a “zero deaths at the border” principle, noting that 1,319 migrants who entered Poland illegally in the past three years have received treatment in Polish hospitals. Additionally, non-permanent intervention teams established in February have aided 84 people lost in forests and swamps.
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