Commissioner for Human Rights

The regulation issued by the Ministry of Interior and Administration in March 2020, known as the regulations on so-called pushbacks, restricts the rights of foreigners to protection against inhuman treatment and complicates the process of asylum applications. This procedure does not allow for an individual examination of the situation of people turned back at the border, which is in contradiction with both Polish and international regulations on the protection of foreigners. The Voivodeship Administrative Court has pointed out violations of the law on the protection of foreigners.
Another decree reduced the minimum surface area in guarded centres for foreigners, which may constitute inhuman treatment. The Commissioner for Human Rights is calling on the Minister to repeal these provisions. The Ministry is working on an amendment to include effective border protection and the rights of migrants.
The Commissioner reiterates his appeal to the Minister to repeal provisions that discourage asylum-seekers. Procedures for turning back foreigners at the border violate international and national standards. Legislative changes are needed to ensure respect for migrants' rights.
The Ministry of Interior and Administration responds, acknowledging the importance of migration issues but stressing the need for a comprehensive approach. It announces work on an amendment that will take into account the assessment of individual migrant situations and measures to prevent humanitarian crises.
The Commissioner for Human Rights appreciates the response and draws attention to the need for legislative changes in accordance with the hierarchy of legal acts. He calls for the repeal of provisions that violate the rights of migrants and the reduction of the minimum space in detention centres.
All measures should respect human rights and ensure dignified living conditions for foreigners. The final decisions in this matter are of great importance for the protection of the rights and dignity of migrants.