Where Do We Draw the Line? Examining the Legal Dilemmas Surrounding Volunteer Aid for Migrants in Poland

Polish Volunteer Detained for Aiding Migrants: Stop Prosecuting Aid Workers, Impeding Civil Society

September 25, 2023 | By

A Troubling Affront to Civil Society

In a distressing development, the Polish authorities have taken their assault on civil society to a new low by arresting and charging a 48-year-old humanitarian aid worker on September 7. Ewa, the aid worker, stands accused of heading a criminal group organizing illegal border crossings into Poland. These charges carry a maximum sentence of 10 years in prison.

While criminal prosecutions of humanitarian aid workers in Poland are not uncommon, the case of Ewa is particularly alarming due to the issuance of a pre-trial detention order by a judge. Ewa’s lawyers are currently appealing this decision, highlighting the significance of her detention. It is essential to examine this case in the broader context of the deteriorating state of the rule of law and civil liberties in Poland.

Interference with Judicial Independence

Of great concern are the public statements made by Zbigniew Ziobro, who serves as both the Minister of Justice and General Prosecutor in Poland. These statements were in blatant disregard of fair trial rights, including the presumption of innocence. Polish law allows the Minister of Justice to interfere arbitrarily with judicial appointments, which is a violation of EU law and fair trial principles.

Ziobro has a concerning record of using his office to influence judicial processes. In the case of Ewa, he has publicly alluded to her guilt, further undermining her right to a fair trial.

The Erosion of Judicial Independence

The ruling Law and Justice party in Poland has consistently undermined the independence of the courts and disciplined judges who have voiced criticism of judicial reforms. These interferences with the rule of law have been deemed unlawful by both the Court of Justice of the EU and the European Court of Human Rights.

It should be noted that Ewa’s arrest coincides with the release of Agnieszka Holland’s movie, “The Green Border,” which sheds light on abuses and unlawful returns of migrants and asylum seekers from Poland to Belarus. The response from government ministers and officials to this film, including Ziobro himself, has been marked by a flurry of vitriol.

In his comments, Ziobro has accused Holland of being a “supporter of Russian propaganda” and referred to her movie as “Nazi propaganda.” Such vehement attacks on an artist’s work only serve to divert attention from the concerning human rights violations taking place within Poland‘s borders.

Criminalizing Humanitarian Aid

Poland‘s government would do well to redirect its focus from prosecuting and criminalizing individuals providing aid to those in need. Instead, it should assume its obligations under international refugee and EU law, offering people the opportunity to seek asylum and access proper legal processes.

Pushbacks, which involve denying individuals access to asylum procedures and due process, are in clear violation of international law. Polish courts have repeatedly ruled pushbacks at the Belarus border to be unlawful. However, it is disheartening to note that a Polish border guard commander confessed to Human Rights Watch that his staff engage in pushbacks.

International Pressure for Change

The European Commission bears the responsibility of calling on Poland to cease its criminalization of civil society and respect its obligations under international refugee and EU law. These actions are vital to safeguarding the rights and well-being of migrants and asylum seekers.

A Call for Action

It is incumbent upon concerned citizens around the world to stand against the violation of human rights and save lives. Donations to organizations working to stop human rights violations can make a significant impact in addressing the challenges faced by vulnerable populations.

In conclusion, the prosecution and detention of Ewa, a humanitarian aid worker, highlights the wider erosion of judicial independence and civil liberties in Poland. The response from government officials to criticisms and attempts to shed light on these violations has been deeply concerning. It is imperative that international pressure is brought to bear on Poland to respect its obligations under international law and foster an environment where civil society can operate freely.

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