Instytut na rzecz Państwa Prawa has been monitoring (for many years) the practice of collective expulsions in the Terespol border crossing point between Belarus and Poland. During last two years it is the only official border crossing for transit of persons wishing to cross to Poland from the territory of Belarus. The Rule of Law Institute has interviened more that 250 times during last three years to prevent or to document push-back practices performed by Polish Border Guard. We have submitted many complaints to FRO Frontex and sought a couple of interim measures from ECtHR. On the 27th of March the right to seek asylum from the BLR territory was suspended. The Act of Parliament that has been signed by Polish President has few exceptions (referring among others to the vulnerable applicants).

I believe that the first applicants that were victims of the misinterpretation of the new law were persons supported today by the RLI. It has been their 8th attempt to file for asylum in Poland or Latvia. Despite the notifications sent to the Commander of the BG Post in Terespol (sent a couple of times since March 19th) the refugees were not admitted today. The BG seemed to ignore the fact that they were credible, we have shared with the authorities our preliminary assesment of their request, they have sent evidence, including the photos of the results of tortures. To our astonishment on the 27th of March these applicants were not even asked to state the reasons why they were asking for protection. Their car has been returned to Brest after a couple of seconds of the conversation and explanation that the new law does not allow to file for protection in Poland.

The Rule of Law Institute decided to raise serious concerns about the incident, hoping it will not become a new modus operandi. This is why we have sent the letter to the Commander of BG in Terespol. We are sharing it with you to raise awareness about these practices violating principle of non-refoulement even in the cases of persons that (according to the enacted law) should not have been affected by it. We are hoping that your presence, interest and preasure will bring Poland back on track of respecting its international obligations and (in fact) our own Constitution. March 27, 2025 is a sad day for protection of the rights of Refugees in Poland.

TO READ – Susspension of the right to seek asylum. No exceptions for vulnerable applicants?