Council of Europe (COE) Commissioner for Human Rights, Michael O’Flaherty, recently voiced concerns regarding Poland’s current legislation on handling migrants, asserting that it falls short of the European Convention on Human Rights (ECHR) standards. During his visit to Poland, O’Flaherty pointed out that the practice of returning migrants to Belarus without individual assessments breaches several human rights protected under the convention. Full details of his remarks can be found on the official COE website.
The Commissioner highlighted “credible allegations of isolated acts of misconduct” by Polish Border Guard members against asylum seekers. Furthermore, recent Polish legislation that exempts state agents from criminal liability when using firearms against migrants under certain conditions has been flagged as conflicting with ECHR commitments. The ECHR mandates that states avoid exposing migrants to “a real risk to life, torture, inhuman or degrading treatment or punishment” without individual case assessments, potentially violating Articles 2 and 3 of the Convention. More information on this legislation can be read in a detailed report.
In a follow-up to a July report, O’Flaherty emphasized the pressing need for reforms in Polish law to align with ECHR standards. This report detailed the creation of a buffer zone which might hinder humanitarian efforts and spotlighted the unlawful summary returns of migrants to Belarus. Between December 2023 and June 2024, 7,317 individuals were subjected to such returns, bypassing the obligatory individual assessment.
Poland has been grappling with escalating migration issues, notably at its eastern border, since 2021. The situation intensified with the influx of Ukrainian refugees following Russia’s invasion in 2022. Efforts to reinforce border security continue amid this ongoing crisis, further detailed in discussions from earlier this year.
The Council of Europe, established to promote democracy, human rights, and the rule of law, continues to advocate for member states to uphold these principles amidst current geopolitical challenges. For the full article, visit the JURIST news site.