In a letter sent on 4 March to Marshal of the Polish Senate Małgorzata Kidawa-Błońska and published on Tuesday 11 March, Commissioner for Human Rights of the Council of Europe Michael O’Flaherty calls on the Senate to refrain from adopting – in its current form – the bill amending the Act on Granting Protection to Foreigners.
Poland’s parliament (Sjem) already approved this text on 21 February.
These proposed amendments were triggered by Belarus’ instrumentalisation of migration at the border between that country and Poland, a destabilising action condemned by the commissioner, who recognises the challenges it raises.
However, the response must not disregard human rights, he insists.
As it stands, the bill places temporary restrictions on the possibility of applying for asylum in regions where the border is usually crossed irregularly.
This could lead to a breach of the non-refoulement principle enshrined in Article 3 of the European Convention on Human Rights, which prohibits returning a person to a country where they would be exposed to a real risk of torture or inhuman or degrading treatment, insists the commissioner, who has already opposed summary return measures implemented by Poland.
In her response, Małgorzata Kidawa-Błońska promises that the Senate will analyse the bill taking into account the commissioner’s thoughts and announces a vote during the session to be held on 12 and 13 March.
Link to the commissioner’s letter: https://aeur.eu/f/fv3 (Original version in French by Véronique Leblanc)