The Polish side underlined that it deplores the Belarusian authorities' actions to use migrants instrumentally to exert pressure on the Member States of the European Union. Polish border services duly fulfil their obligations to protect the state border, which at the same time is the EU external border.

Poland stresses that the persons (acting as complainants) staying at the camp near Usnarz Górny remain on the territory of Belarus.

As communicated, even though the Polish side understands the humanitarian aspect of the Court's position, it cannot violate the integrity of the neighbouring country. The European Convention on Human Rights applies within the jurisdiction of a state party; however, Belarus is not a signatory to it. Any actions taken from the Republic of Poland's territory against persons staying on the Republic of Belarus territory without the Belarusian party's consent would constitute interference conducted on the territory of Belarus. Therefore, Border Guard officers may not allow contacts by outsiders, nor may they bring about the movement of goods and merchandise across the border in an unregulated manner.

The position also refers to the state of emergency in force in parts of the Podlaskie and Lubelskie Voivodeships. Under the 2 September Regulation of the Council of Ministers, specific restrictions were introduced there, including a 24-hour ban on staying in the area covered by the state of emergency (except for residents, among others).

However, wishing to comply with the interim measures ordered by the Court, Poland suggests that the applicants' representatives go to the nearest border crossing point (the Bobrowniki border crossing point, which is approximately 29 km from the applicants' place of stay, or the Kuźnica border crossing point, which is approximately 35 km from the applicants' place of stay). In this way, the plenipotentiaries will be able to cross the Polish-Belarusian border in accordance with the law and, when on the territory of Belarus, head to the location of the camp where the complainants are staying.

Our country will make every effort to provide all possible facilitation in crossing the border on the Polish side. Nonetheless, it should be borne in mind that the conditions for entry into the territory of Belarus must be fulfilled, such as, for instance, the visa obligation. The Polish party also undertakes to make every effort to obtain the necessary permits to enter the territory of Belarus through diplomatic channels.

The Polish party also noted that in a conversation with the Polish chargé d'affaires in Minsk, UNHCR expressed the view that the persons staying at the camp on the territory of Belarus do not qualify for international protection, as according to the information obtained, they have been legally staying on the territory of the Russian Federation in the Ural region in recent years.

 

The position in two language versions is available below: