Commissioner for Human Rights

The Commissioner for Human Rights received applications concerning foreigners wishing to apply for international protection in Poland at the Polish-Belarusian border who allegedly have experienced sexual or other forms of violence on the territory of Belarus or in their country of origin.

The Commissioner asked the commanders of the Podlaskie and Nadbużańskie Divisions of the Border Guard whether they had provided officers with guidelines or other materials on how to recognise and deal with such persons and whether they had received training in this area. The commanders replied that the Border Guard is not the competent body for prosecuting crimes related to sexual violence in the broad sense. Instead, it has a statutory delegation to combat the crime of human trafficking, often linked to gender and sexual violence. Commanders therefore focused on training and guidelines on how to recognise victims of human trafficking.
The Commissioner for Human Rights acknowledged this information and pointed out that the Border Guard is not the competent authority for prosecuting crimes involving sexual and gender-based violence. However, according to the Act of 13 June 2003 on granting protection to foreigners in Poland, persecution is one of the grounds for obtaining international protection in Poland and may consist of physical or psychological violence, including sexual violence.
Border Guard officers may come into contact with people who have experienced violence and require special treatment. Therefore, they should receive appropriate training and be provided with special guidelines for working with victims of violence, particularly sexual violence. Providing BG officers with these competencies is also essential for Poland to properly fulfil its obligations under the Convention on preventing and combating violence against women and domestic violence.
The CHR asked the Chief Commander Major General of the Border Guard Robert Bagan for information on what training Border Guard officers have received in identifying and dealing with persons with experience of violence, especially gender-based violence against women. 
In his response, the Chief Commander of the Border Guard shared the CHR's view that equipping officers with the relevant skills is essential to ensure that actions against foreigners, particularly those seeking protection, are characterised by fairness, diligence, respect for fundamental rights and procedural guarantees, and do not result in secondary victimisation. He also confirmed that the didactic process adopted by the Border Guard for officers in their dealings with foreigners, including those belonging to vulnerable groups, would continue.

https://bip.brpo.gov.pl/pl/content/rpo-migranci-doswiadczenia-przemocy-seksualnej-kgsg-odpowiedz