Commissioner for Human Rights

In a judgement of 27 July 2023, the Voivodship Administrative Court in Bialystok annulled the decision of the Mayor of Krynki setting out the environmental conditions for the construction of a poultry farm in Kruszyniany. The decision stated that the operation of the farm would not harm the environment, although it was to be located in a nature-protected area.
The case concerns a planned investment in an area of great natural and cultural value - the picturesque village of Kruszyniany, located in the Knyszyn Forest. The village is culturally rich, with a mosque, a Tatar mizar, and an Orthodox church, which is the seat of the Muslim community. It also attracts tourists for its Tatar culture and monuments. The area is also of great natural value, with unspoiled flora and fauna, which prompted the authorities to protect it.
However, the vast Kruszyniany area appears to be attractive to livestock investors, who plan to build poultry farms. Despite the lack of a spatial plan for Kruszyniany, investors intend to use the area for breeding. Residents of Kruszyniany are opposed to this idea and have turned to the Commissioner for Human Rights, who has become a party to the case.
The court emphasized that public authorities should act impartially and fairly and that an expert should not favour or discredit any party. Accordingly, the court found that the authorities had conducted the evidentiary procedure improperly and that the mayor of Krynki should reconsider the case.
Ultimately, the Voivodship Administrative Court's ruling demonstrates the need to fairly assess the impact of the proposed investment on the natural and cultural environment of the Kruszyniany area and to include the opinion of an impartial expert in the decision-making process. The case highlights the importance of complying with administrative procedures and ensuring that the interests of environmental and cultural protection are properly taken into account in investment processes.