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Border Guard ignores ECtHR measures again

The HFHR has submitted a motion to the European Court of Human Rights, asking for interim measures in the case of three Syrian refugees.

The foreigners spent the last week unsuccessfully trying to file an application for international protection at the Terespol border crossing. As nationals of the warn-torn Syria, they may reasonably be considered to be entitled to obtaining international protection in Poland but have been refused entry to Poland on four separate occasions.

The Strasbourg Court admitted HFHR’s motion and issued Rule 39 measures, in which it ordered Polish authorities to cease returning the Syrian refugees to Belarus. Although the Border Guard had been notified of the Court’s measures already before a return train from Terespol to Brest departed, border officials disobeyed the measures and refused the Syrians entry to Poland, sending them back to Belarus.

Once again, the Border Guard disregarded measures of the European Court of Human Rights, illegally returning refugees to Belarus”, says Marta Górczyńska, a lawyer working for the HFHR who drafted the Rule 39 application. “Notably, the Court issues interim measures on extremely rare occasions and only in extraordinary cases, in which applicants are at risk of serious and irreparable harm. All that considered, actions of the Border Guard not only blatantly violate the law and defy the Court’s ruling but also expose the foreigners to real danger”, Ms Górczyńska adds.

HFHR plans to file an application to the ECtHR in this case.

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