The Polish government claims that it has fully complied with the decision made by the European Court of Human Rights in case M.K. and others versus Poland in which the Court pointed out multiple infringements of human rights at the Terespol border crossing. The position of the Polish government is difficult to defend in view of the continuing humanitarian crisis at the Poland-Belarus border.
In 2020, the European Court of Human Rights issued a decision in case M.K. and others versus Poland (applications nos. 40503/17, 42902/17, and 43643/17). The case pertained to the situation at the border crossing in Terespol where the applicants ineffectively tried to apply for international protection multiple times. However, the Polish Border Guard denied them entry to Poland every time. Taking those circumstances into account, the ECHR concluded that Poland infringed multiple provisions of the European Convention on Human Rights. Similar decisions clearly condemning Poland’s actions were made in four more cases in 2021 and 2022.
The Committee of Ministers of the Council of Europe is in the process of verifying whether or not Poland has complied with the decision made in case M.K. and others versus Poland. In February 2023, our association, in cooperation with Fundacja Instytut na rzecz Państwa Prawa, presented the Committee with a negative opinion related to this. In it, we pointed out that the situation on the Poland-Belarus border in recent years has not remained unchanged but actually deteriorated.
As there is a meeting of the Committee scheduled to take place in March 2024, we decided to submit another opinion containing information about the situation on the Poland-Belarus border and serving to counter claims made by the Polish government that the decision in case M.K. and others versus Poland was fully implemented. We disagree with such statements and we continue to urge the Polish government to ensure that the rights of foreigners at the Poland-Belarus border are respected.
You can read our latest opinion HERE.