Foreigner deported, although the ECHR issued an interim measure. Explanation by the Border Guard
Date:
Poland deports Tajik national despite European Court of Human Rights issued an interim measure to protect his right to lodge an individual application.
The Court of Human Rights is the institution that monitors respect for human rights and fundamental freedoms in the member states of the Council of Europe. If there is a threat to an individual, the ECHR may take interim measures to protect his or her rights and to ensure the effective exercise of the right to an individual application. The purpose of this measure is to avoid possible irreparable harm that may result from the State's actions towards the applicant before the Court has given a final ruling on the case.
In this case, the Tajik national was deported despite the fact that the interim measure ordered by the ECHR was in force. The Commissioner for Human Rights criticised this decision and addressed allegations to the Director of the Aliens Department of the National Border Guard Headquarters, questioning his interpretation of international rules.
The response of the Commander-in-Chief of the Border Guard, while accepting the position of the Director of the Board on Foreigners, explains the basis for the decision. He points to the terrorist threat as justification for the deportation and the need for the Border Guard to act to protect the security of the state and citizens. He also points out that the entire process was carried out with respect for the rights of foreigner.
He also pointed out that the clash of two important interests - the protection of individual rights and public security - raises important questions about the balance between the two. This situation highlights the complexity of striking a balance between the protection of human rights and the maintenance of state security. It is important that states consistently comply with international law and are able to effectively protect both individual rights and the public good.
