SIP represents foreigners in a case for compensation for unjustified stay in guarded centers for foreigners. The family from Afghanistan (parents with three children) spent a total of 97 days in detention.

Foreigners had to flee their country of origin because they were in mortal danger there. The father has worked with Western actors and has experienced Taliban violence in the past. The mother was a victim of domestic violence and suffered from health problems.

On the Polish-Belarusian border, the family was repeatedly pushed out by the Polish services (push-back). When the family finally managed to cross the border, the foreigners were placed in the Guarded Center for Foreigners in Kętrzyn, where they applied for international protection. After a month, they were transferred to the Guarded Center in Biała Podlaska.

The stay in the centers was a traumatic experience for the whole family and amplified bad memories from the country of origin and the Polish-Belarusian border. During the stay at the Guarded Center for Foreigners in Biała Podlaska, the mother had a miscarriage. She was not provided with adequate medical care at the center after becoming aware of her pregnancy. She was also not looked after properly after the miscarriage.

In the application, we indicated that the family should not be placed in guarded centers for foreigners at all. Pursuant to Polish law, persons who have experienced violence cannot be placed in detention. Moreover, the stay in the centers posed a threat to the life and health of both parents and their three minor children. There were also no legal grounds to justify being placed in detention – no evidentiary activities were carried out with the participation of foreigners during their stay in the centers.

We are waiting for the case to be resolved by the District Court in Olsztyn.

The foreigners are represented by advocate Małgorzata Jaźwińska and trainee attorney-at-law Zuzanna Kaciupska.