Commissioner for Human Rights

Commissioner for Human Rights is observing the current situation on the Polish-German border with concern. According to media reports, foreigners are being transferred to Poland under the readmission procedure and on the basis of the provisions of the Dublin III Regulation. 

Between January and the end of May 2025, the Border Guard was to accept approximately 230 people transferred by the German authorities. Some of the foreigners are returned to Poland after the German authorities have issued a decision refusing them entry. 
According to the press officer of the Nadodrzański Border Guard Unit, officers detained 670 foreigners who were refused entry to Germany in the first five months of 2025. The majority of these were Ukrainian citizens, accounting for around a quarter of all detainees. The remainder were citizens of Colombia, Ethiopia, Afghanistan and Somalia.
Additionally, in response to reports of foreigners being transferred to Poland by the German authorities, so-called citizen patrols have recently emerged in areas near the German border. According to media reports, these patrols are taking measures such as blocking traffic and checking selected vehicles entering Poland.
Marcin Wiącek asks Minister Tomasz Siemoniak for detailed information on the procedures for transferring and returning foreigners from Germany to Poland.
The Commissioner for Human Rights requests, in particular:
•    indication of the legal basis for the transfer of foreigners from the territory of Germany to the territory of Poland;
•    providing data on the number of foreigners admitted to the territory of the Republic of Poland from the territory of Germany in the period from October 2023 to the date of receipt of this letter (on a quarterly basis), specifying the nationality of the persons transferred and the legal basis for the transfer;
•    presentation of the applicable procedures for the transfer of foreigners to the territory of the Republic of Poland under:
1)    the readmission procedure,
2)    the provisions of the Dublin III Regulation,
3)    in connection with the German side's decision to refuse entry into German territory;
•    indication of the scope of information provided to the Polish side by the German side under each of these procedures, with particular emphasis on whether the Polish side is informed about the return of persons who have been refused entry into Germany;
•    clarification of the legal situation and measures taken against persons without documents entitling them to stay in the territory of the Republic of Poland and who have been returned from the territory of Germany after receiving a decision refusing entry.
In addition, the Commissioner requests information on the scale of the phenomenon of so-called „citizen patrols” in the Polish-German border area, including clarification as to whether the activities of persons participating in these initiatives are monitored and whether the relevant services have intervened in connection with their activities. He also asks whether there have been any cases of violations of the law by participants and whether any complaints or reports have been made to the authorities in connection with their conduct.

https://bip.brpo.gov.pl/pl/content/rpo-niemcy-granica-sytuacja-mswia