Commissioner for Human Rights

On 10 December 2024, the decree of the Ministry of Interior and Administration (MIA) of 6 December 2024 on the introduction of a temporary ban on staying in a specific area in the border zone contiguous to the state border with the Republic of Belarus - effective for 90 days - entered into force. It is essentially the same as previous ministerial regulations on the matter, on which the

Commissioner for Human Rights has already presented his position.

The CHR's objections to the possibility of the regulation's interference with fundamental constitutional freedoms, such as freedom of movement within the territory of the Republic of Poland, freedom to choose one's place of residence and stay, freedom of assembly, freedom of acquiring and disseminating information, and freedom of economic activity, remain valid.

While it is understood that ensuring border security is a matter of priority, it is essential that restrictions are introduced in an adequate manner and form, and in compliance with the principle of proportionality, taking into account the need to protect the rights and freedoms of persons affected by these measures.

Moreover, there is no evidence that the ban on staying in the border zone affects the number of border crossings from Belarus into Poland, but it undoubtedly hampers the delivery of humanitarian aid.

Valeri Vachev, Deputy Commissioner for Human Rights, requests information from Maciej Duszczyk, Undersecretary of State at the MIA, on the number of incidents of aggressive behaviour by migrants in the no-go border zone between 11 September 2024 and 9 December 2024 and their characteristics (were they attacks with a dangerous instrument, and if so, what kind; in groups or individually?).

In addition, the Deputy CHR requests the number of residence permits issued in the zone, especially those granted to journalists and to individuals and organisations declaring their intention to provide humanitarian assistance.