By a judgment of the Regional Court in Olsztyn of March 28, 2024, ref. no. II KO 298/23, compensation of PLN 12,000 was awarded in favour of our client for unjustified stay in a guarded centre for migrants. We have already reported on the case on our website: We are filing an application for compensation for detention at a guarded centre for foreigners.
The Regional Court in Olsztyn considered that the stay in the guarded centre for migrants after 60 days of detention had become unfair. According to the Court, there was no obstacle to collecting the information on which the application for international protection was based and confirming the migrant’s identity during this period. Particularly, the migrant was not questioned during the entire period of his detention. Meanwhile, he did not refuse to cooperate with the authorities and did not obstruct the proceedings in his international protection case. There was no evidence in the case that the failure to issue the decision in the international protection case was attributable to him.
The judgment emphasised that the court which prolonged the stay in the guarded centre for migrants did not ascertain whether the detention was necessary. That court also disregarded the fact that the stay in the guarded centre for foreigners deteriorated the psychophysical condition of the migrant.
Therefore, according to the Regional Court in Olsztyn, it was justified to award a sum of PLN 12,000 for 53 days of wrongful detention. When establishing this amount, the Court recognised the migrant’s obligation to submit to the rules and regulations of the centre, which was particularly acute in his situation. Our client suffered an accident while crossing the Polish-Belarusian border. He had to be mobile on crutches and with his arm in a plaster cast, which compounded the limitations of being in the centre. Furthermore, the court took into account that: “by its very nature, detention in a centre introduces restrictions on freedom of movement and contact with others as well as self-determination in a manner similar to pre-trial detention”.
The migrant was represented by Małgorzata Jaźwińska, advocate, and Zuzanna Kaciupska, legal adviser, who cooperate with our Association. Legal support for the migrant was provided by Aleksandra Pulchny.