Jurist Amnesty: Poland’s suspension of asylum claims a serious threat to human rights and lives

[Dadparvar]

Amnesty International (AI) on Thursday criticized a Polish legislation suspending the right to asylum applications for migrants crossing the border from Belarus. According to AI, the law effectively codifies the unlawful forced return of migrants by authorizing border guards to disregard asylum applications without properly considering a person’s individual’s circumstances.

AI alleges that the legislation, enacted in March, is inconsistent with international law and the constitution of Poland. The UN High Commissioner for Refugees already expressed concerns about the legislation last year, before it was enacted:

…while Poland has the sovereign power to control its
borders and regulate the entry of non-nationals, due to the binding, universal and non-derogable nature of the principle of non-refoulement, UNHCR is concerned that the Bill
may provide for the denial of access to the territory of some asylum-seekers without a prior examination of their international protection needs, which would be inconsistent with Poland’s obligations under the [UN Convention Relating to the Status of Refugees].

The principle of non-refoulement establishes that “refugees must not be removed to their country of origin, or any other place where they would be at risk of persecution, or from where they risk being sent to a place of persecution.” AI pointed out concerns about Poland’s ability to adequately conduct assessments of migrants’ circumstances as such assessments require specially trained personnel and time, and consequently Poland’s ability to uphold its international obligations.

AI also labeled the legislation as a threat to the rule of law due to its disregard for Article 56 of the Poland Constitution, which provides a “right to seek asylum and receive protection”. Additionally, Article 31 of the constitution provides that:

Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights.

AI also highlighted similar concerns expressed by public institutions in Poland about the constitutionality of the new legislation suspending asylum rights, and urged Polish authorities to repeal the law and refrain from unlawful border control practices such as pushbacks and collective expulsions. AI also called on the European Commission to review and assess Poland’s compliance with EU law and to launch appropriate infringement proceedings against Poland for “its longstanding violations of the rights of refugees and migrants.”

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