Poland tried to take a shortcut by deporting un unwelcomed migrant. It violated international law. In this case no authority analyzed whether the deportation would put S.S. at risk of torture.

Association for Legal Intervention acted on behalf of S.S., who faced deportation to Tajikistan. If deported, his right to a fair trial could be violated. Additionally, he could fall victim of torture or other ill-treatment. He was most probably suspected of sympathizing and promoting ISIS, however, all relevant documents in his case were classified as secret. S.S. was not charged with any crime in Poland.

The deportation decision issued by the Minister of Interior and Administration. By law, the decision was immediately enforceable. It means that S.S. could be deported even before his appeal was heard by an independent court.

We suspect that Poland tried to take a shortcut by deporting un unwelcomed migrant. It violated international law. Our client should have a right to a fair trial in Poland, if the evidence prove that he was engaged in terroristic activities. Furthermore, in the present case no authority analyzed whether the deportation would put S.S. at risk of torture.

explains an attorney-at-law Małgorzata Jaźwińska, a member of the Association for Legal Intervention, who represents S.S. She adds that Polish law violates human rights standard set by the European Court of Human Rights in relation to deported migrants. In Poland a migrant can be deported even before his appeal is heard. It can lead to putting a migrant, such as S.S., at risk of torture, inhumane or other degrading treatment, or death in their countries of origin.

The European Court of Human Rights decided under Rule 39 that the applicant should not be temporarily removed to Tajikistan. The Association is to lodge an application to the European Court of Human Rights indicating S.S. was deprived of an effective remedy and that if deported he could face torture or other ill-treatment.

S.S. is represented before the European Court of Human Rights by an attorney-at-law Małgorzata Jaźwińska, who is co-operating with the Association for Legal Intervention.