By a decision of 9 February 2024, case file No. VII Kz 34/24, the District Court in Olsztyn repealed a measure applied to our client in the form of a stay in a detention centre for migrants (SOC). The case concerned a citizen of Uzbekistan whose psychophysical condition deteriorated significantly during his stay in the centre.
Pursuant to the applicable legislation, a person shall not be placed in a detention centre for migrants if that would endanger his/her life or health.
Importantly, when issuing the decision on release from the detention centre, the Court took into account a psychological opinion issued by a psychologist from outside the centre. According to the Court, it unequivocally confirmed the existence of a threat to the migrant’s life and health, due to his current mental state caused by his stay in the centre.
This was also confirmed by an opinion of a psychologist from the detention centre drawn up based on an examination of the migrant. The Court found that the above-mentioned opinions did not raise any substantive doubts and confirmed the credibility of the arguments formulated by the plaintiff in his complaint.
In the decision, the Court pointed out that despite the measures taken and the fact that the migrant received psychological care during his stay in the centre, his psycho-physical condition continued to deteriorate. Therefore, the Court concluded that “the measures applied against this particular migrant are ineffective, and with each day of his stay in the detention centre, the state of danger to his life and health only intensifies.”
In view of the above, the court decided to release our client from the detention centre and ordered alternative measures to detention.
Trainee attorney-at-law Magdalena Fuchs and integration counsellor Olga Hilik supported the migrant.