Despite the overcrowding and the deteriorating situation in guarded centres for foreigners, including the inability to provide adequate psychological assistance to those detained there, the Border Guard refuses to provide psychological assistance by non-governmental organizations. Such actions violate the rights of non-governmental organizations and foreigners, and may also result in further deterioration of the mental state of foreigners.
In recent months, the Border Guard has refused several times to psychologists cooperating with the Association for Legal Intervention and other non-governmental organizations, to allow foreigners staying in the guarded center to carry out psychological consultations and diagnostics. These refusals coincide with an increasing number of people in a mental crisis, including victims of violence and children, imprisoned in guarded centers, as well as with information about inadequate psychological care provided in these centers. Before the start of the migration crisis in Poland, psychologists cooperating with ALI regularly obtained permits to enter the guarded centers and provide psychological assistance there.
The Border Guard, refusing to grant the requested consent, indicated that the center’s premises – intended for the foreigner’s contact with non-governmental organizations – did not ensure sufficient confidentiality and acoustic insulation, i.e. did not meet the standards for psychological consultations there. The Border Guard also pointed out that the premises for a psychologist are not dedicated to the needs of visits to non-governmental organizations. In addition, these rooms are constantly used by psychologists employed in guarded centers and it is not possible to make this room available for the needs of external entities. Moreover, it was indicated that each person placed in the guarded center for foreigners is covered by appropriate psychological assistance and does not need the help of another psychologist.
The Association for Legal Intervention filed a complaint to the administrative court against the material and technical act of the Commander-in-Chief of the Border Guard, pointing out that the refusal to consent to a psychological consultation violates the law.
In the submitted complaint, we complained, inter alia, that:
- Provisions of national and European Union law guarantee the representatives of a non-governmental organization access to foreigners placed in detention in order to provide them with psychological assistance,
- Foreigners staying in guarded centers have the right to contact non-governmental organizations, including in order to obtain psychological help,
- There is no justification for changing the long-term practice of the Border Guard with regard to admitting psychologists cooperating with non-governmental organizations to foreigners staying in guarded centers.
- There is no justification for changing the long-term practice of the Border Guard with regard to admitting psychologists cooperating with non-governmental organizations to foreigners staying in guarded centers.
The Association for Legal Intervention is represented by a legal adviser Agnieszka Kwaśniewska-Sadkowska.