Poland passes controversial law allowing border guards to use firearms in self-defence

The Polish government argues that the new law is essential to protect the country’s border with Belarus from increasingly aggressive migrant gangs.

Critics, including NGOs and the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, have condemned the law as a violation of human rights standards. They warn that the provisions may encourage excessive force and undermine the proper investigation of such incidents.

O’Flaherty expressed concerns that the new rules could lead to unjustifiable loss of life and bodily harm, particularly when victims are on the other side of the border.

The Polish government has reintroduced a temporary border exclusion zone, restricting public access to the area, in response to the recent violence. This move follows an incident where soldiers who fired warning shots at migrants were detained, provoking public outrage.

Deputy Interior Minister Maciej Duszczyk defended the law, stating that it would only protect officers from criminal liability if they use their weapons to safeguard their lives or those of their colleagues. He highlighted that 13 border protection officers have sustained permanent injuries due to attacks by migrants over the past three years.

The government maintains that the measure is necessary to manage the migrant crisis, which has seen heightened tensions between Poland and Belarus.

Warsaw accuses Belarus of deliberately facilitating illegal migration to destabilise the European Union.

An IBRiS survey for the Rzeczpospolita daily indicated strong public support for the government’s stringent border policies, with 86% of respondents backing the use of firearms by soldiers to repel migrant attacks. However, human rights advocates and critics urge for a reconsideration of the policy to prevent potential abuses.

In response to O’Flaherty’s appeal to halt migrant pushbacks, Duszczyk argued that the practice is a proportionate response, asserting that migrants asked for international protection are not being returned.

A report from the BBC cited NGOs indicating that more than 130 migrants have died in the border regions between Belarus and neighbouring EU countries, often due to harsh weather conditions or drowning.

Mr. Duszczyk stated that the new government has adopted a principle of “zero deaths at the border.” He noted that 1,319 migrants who entered Poland illegally over the past three years have received medical treatment in Polish hospitals. Additionally, he highlighted that non-permanent intervention teams, established in February to search for individuals lost in forests and swamps, have successfully assisted 84 people.

(With inputs from BBC)