The law allows lawyers, NGOs and UNHCR to access detention centres.[1] Detained asylum seekers are entitled to maintain contacts with UNHCR, attorneys, relatives and organisations dealing with asylum issues or granting assistance (directly and by using correspondence and telephone calls). Direct contact with UNHCR and organisations can be limited or restricted completely by the head of the detention centre if it is necessary to ensure safety and public order or to observe the rules of stay in the detention centre. The decision of the head of the centre is final.[2] The Head of the Office for Foreigners and UNHCR should be informed about it.[3] On the other hand, direct contact with NGOs by foreigners who are detained and have not applied for international protection, cannot be restricted according to law.[4]
Since 2022, NGOs visit detention centres regularly, funded from other sources of financing. On the other hand, there is no state-founded systemic legal assistance to foreigners granted by law.[5] The CPT underlined that there should be access to the public fund legal assistance.[6]
As a general rule, NGOs have to ask for the consent of a manager of the detention centre to meet with a specific asylum seeker. Lawyers, family members and relatives or NGOs can meet with a detainee during visiting hours. In 2021, persons not directly related to detainees faced issues accessing detainees, as border guards informed that the law does not allow it.
There are no limitations concerning the frequency of such visits. The journalists and politicians have access to detention centres under general rules, they have to ask for the consent of the SG unit managing the detention centre.
In practice, NGOs which want to meet with more than one or with unspecified asylum seekers, monitor conditions in a detention centre etc. must ask the BG Commander in Chief in writing for permission to visit a detention centre. Since 2017, permission is authorized by the Border Guard Headquarters. Nevertheless, visits are generally not limited to visiting hours. On the other hand, starting from 2021 and up to the present, NGOs providing psychological assistance started to face problems in accessing detention centres, i.e., in Lesznowola, Biała Podlaska or Kętrzyn.
Visits from relatives or religious representatives are authorised. Any visit should not last more than 90 minutes, but it can be prolonged in justified cases by the manager of the centre. Two adults have a right to take part in the meeting. The number of children is not limited.[7] Non-scheduled visitors as a rule do not have the possibility to meet with the asylum applicant (but the manager of the detention centre can make exceptions from the above-mentioned rules, especially when it is needed to maintain family ties and care for children).[8]
There is no limitation in using cell phones (without a video recording system). In detention centres, i.e. in Białystok and Lesznowola the BGs have several hundreds of substitute cell phones without a camera which they provide to foreigners in case they only have smartphones or SIM cards with no phone. The cell phones are handed over for the whole day for free. On the other hand, detainees themselves pay for the calls and for the SIM cards if they have financial means. If the asylum applicant does not have money to buy a SIM card, there is a possibility of using the BG’s equipment but only in justified cases.
The Law on Foreigners foresees sanctions on a detainee who does not obey the rules in the detention centre. There are two possibilities: banning participation in sport and leisure activities (except for using the library); or banning the purchase of food and cigarettes from outside the centre.[9]
When deciding upon the application of either of these two sanctions, the BG Regional Commander takes into account the general behaviour of the detainee, the level of disobedience, cultural background, etc. In 2023, this sanction was used 7 times in Przemyśl for 7 days, twice in Kętrzyn for 7 days.[10]
The Border Guard officers buy products (food and basic necessities) requested by detainees usually once a week if the migrants have money in a deposit.[11] According to the NGOs, the current available funding for this purpose is insufficient. On the other hand, the detainees cannot receive any food or liquid things in packages from other people but they can request specific items through online applications.[12]
[1] Article 415(1)(2), (3) and (19) Law on Foreigners and Article 89a(1)(2) Law on Protection.
[2] According to the Law on Protection, it will be a possibility only to limit such contact.
[3] Article 89a(1) and (2) Law on Protection.
[4] Article 415(1a) Law on Foreigners.
[5] Foreigners in administrative detention. Results of the KMPT monitoring in guarded centres for foreigners in Poland, March 2021, available in Polish at https://bit.ly/3L0F5YZ.
[6] Report to the Polish Government on the visit to Poland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 21 March to 1 April 2022, 22 February.2024, available in English at: https://rm.coe.int/1680ae9529.
[7] Para 21 of the Rules of foreigners’ stay in guarded centre and arrest for foreigners (Annex to the Regulation on detention centres).
[8] Para 23 of the Rules of foreigners’ stay in guarded centre and arrest for foreigners (Annex to the Regulation on detention centres).
[9] Article 421(2) Law on Foreigners.
[10] Information provided by the Border Guard in Przemyśl, 5 March 2024, Letter of Border Guards in Ketrzyn 24 February 2024.
[11] Information provided by HFHR March 2023.
[12] Letter of Border Guards in Białystok, 12 February 2024.