Border Guard should ex officio examine whether a detained foreigner was a victim of violence – ruling of the District Court in Przemysl
The District Court in Przemysl released our client from detention center because he was a victim of violence.
Since his arrest he indicated that he is a victim of torture. As a consequence of the trauma, he suffered from PTSD, which was confirmed by the expert opinion of psychologist and psychiatrist. The district court ruled that a foreigner cannot be detained if he had been previously subjected to violence.
The district court mentioned that the medical information provided by the officer of the Border Guard can be questioned as it may not be objective and impartial.
Furthermore, the court highlighted that if a foreigner claims that he is a victim of violence, the Border Guard should ex officio examine such a circumstance. Because of the inaction of the Border Guard our client was wrongfully detained for over two months.
The foreigner was represented by an attorney Judyta Kasperkiewicz and Małgorzata Jaźwińska.