Conditions in detention facilities

Poland

Country Report: Conditions in detention facilities Last updated: 10/07/24

Author

Independent

The Law on Foreigners contains a section on detention conditions, rights and obligations of foreigners.[1] Some practices relating to the functioning of the centres have now been framed into legal provisions.

 

Overall conditions

There are six detention centres (Białystok, Kętrzyn, Biała Podlaska, Przemyśl, Lesznowola, Krosno Odrzańskie).

The detention centre in Lesznowola, opened in 2023, is located in the forest area and far from any public transportation which is a problem for foreigners released from detention centres.

Generally, detainees are accommodated in rooms, which cannot be locked at night for security matters.[2]

In some detention centres, the food is provided by external providers (Biała Podlaska), while in others it is prepared in the centres (e.g., in Bialystok). There are specialised diets available e.g., vegetarian, vegan, adapted to Muslims, adapted to pregnant or breastfeeding women or diabetics. Other diets may be prescribed by a physician and should be followed accordingly.

The main equipment in a room in the detention centre consists of beds, small wardrobes and a small table.

If detainees cannot have all their belongings in their room, they have to place them in the external storage space in the centre. Some of their belongings are also placed there for safety reasons and can be accessed only upon request.

In Lesznowola[3], Biała Podlaska,[4] Krosno there is a television in each room, gym, and outdoor pitch. NPM found that the conditions in the detention centre at Krosno Odrzańskie were unsatisfactory, indicating that the Border Guard was not fully meeting their legal obligations. This includes providing proper social services and creating an environment that allows access to cultural, educational, and sports activities, as well as promoting integration and facilitating access to the external environment for detainees. In addition, the toilets and the washing cabins were only built up to 1m high and did not provide a cover on 3 sides.[5] The most common problem in terms of administrative proceedings conducted by officers against foreigners was the language barrier and also the availability of translators.[6]

Furthermore, the detention centres look like prisons and detention centres in Krosno Odrzańskie, Białystok, and Przemyśl have rooms with barred windows.[7] Representatives of the Commissioner for Human Rights also conducted inspections of the detention centre in Przemyśl in 2023. They pointed out that bars are still installed in the windows which emphasise the penitentiary nature of the facility.[8] In 2022 many rooms, foreigners had to hang blankets over the windows to limit sunlight during the day.[9] Un to the present, there are reports that Border Guards address detainees using their identification numbers rather than names.[10]

 

Activities and education

As it was mentioned earlier, the profiles of some detention centres were modified in 2021-2023.

In Krosno there are no recreational and sports activities organised for the foreigners.[11] On the other hand, in some detention centres the open-air space is of adequate size and sufficient recreational facilities are provided.

In practice, detainees can do outdoor exercises regularly. Detainees can watch television without any limitations, including until late at night.[12]

It is worth noting that foreigners are under constant supervision of the Border Guard officer.

Furthermore, on 27 January 2017, the Border Guard Chief Commander ordered the blocking of sites with presumed terrorist-related and extremist content, social media and instant messaging platforms such as WhatsApp, and Messenger. This order is not publicly available and still in force. New technologies such as VoIP (Voice over Internet Protocol) are also forbidden for security reasons even though the CPT recommended this kind of communication to be available for use by foreigners in detention centres.[13] On the other hand, foreigners placed in some detention centres can use Skype after signing up for the list).[14]

Moreover, migrants cannot use smartphones, which means that access to the Internet is possible only in dedicated rooms with computers.[15]

Not all detainees have phones or SIM cards and there are no publicly available telephones. They can request to use a cell phone at the disposal of Border Guards[16] only if they have a sim card. According to the NPM, domestic legal regulations restrict the use of cell phones for foreigners in detention facilities who do not have identity documents as the law requires that individuals possess a passport or residence card to register the SIM card. Additionally, migrants have to cover the phone costs and it was pointed out that in the case of migrants who do not have financial means in the detention centre, their right to have contact with the outside world can be restricted.[17]

In some centres, there are libraries with books and newspapers in several languages, for example in Russian, English, and French. There are also popular games to play (e.g., chess, cards). At the same time, according to the Commissioner for Human Rights, foreigners complained that additional activities are rarely organised and that they feel bored.[18] The CPT recommended to put in place a purposeful programme of a structured activities for detained foreigners, including pre-school age children, in all guarded centres.[19] Detention centres provide rooms for religious practices.[20]

In all centres, in the corridors of each floor, there are boards which provide information in at least 1 or 2 main foreign languages (Russian and/or English). They provide information on the asylum applicants’ rights and/or the rules of stay in the detention centre, meal times and contact details of NGOs, UNHCR and – depending on the centre – on access to the doctor and psychologist.

In all centres, each asylum applicant and the irregular migrant has an officer appointed to their case with a scheduled meeting to discuss their case.

The rules of stay in the detention centres are available in 17 languages: Arabic, English, Ukrainian, Russian, French, Armenian, Chinese, Georgian, Hindi, Spanish, Mongolian, Persian, Turkish, Farsi, Urdu, Bengali and Vietnamese[21] but not in Kurdish.[22] Depending on the centre they are available on each floor of the detention centre or in the common rooms, etc. According to the CPT, specific attention should be paid to the situation of those detainees who are illiterate or who cannot understand any language in the written form.[23]

Children staying in the guarded centres are – like all other children staying in the territory of Poland – subject to obligatory education until they are 18. However, this obligation, set in the Polish Constitution, is not fulfilled in the case of children staying in guarded centres.[24] None of the children staying there attends school. Schools near the detention centres delegated teachers to work in detention facilities. Special classrooms are prepared in these centres. This is the result of agreements between the Border Guard, educational institutions and local authorities.[25]

 

Health care and special needs in detention

According to the law, all detainees have access to regular health care.[26] Generally, physicians and nurses are hired to work in detention centres. Unfortunately, in some detention centres access to the physician and psychologists – especially if provided by NGOs – was significantly restricted in 2023.[27] Difficulties in accessing female physicians, paediatricians and gynaecologists were also observed.[28]

In some detention centres nurses are present daily from 7.30 a.m. util 9.30 p.m. According to law, a person admitted to a guarded centre should be immediately subjected to a medical examination.

In case of an emergency or the need for a specialist (e.g., gynaecologist), detainees are transferred to hospitals or clinics. Migrants also faced problems to have an external visit at their own expense with a physician of their choice as the director of the detention centre had to issue consent to such a consultation.[29]

The NPM in one of its recommendations stated that Border Guards should raise the number of medical staff hired in detention centres, and families with children and single women should have access to paediatricians, genealogists and migrants’ right to choose a physician and the approval of that choice should not depend on the opinion of the medical staff employed at the centre.

After the visit in 2022, CPT recommended that number of nurses and the doctor’s presence should be increased.  Another recommendation was to ensure to be presence also at night in detention centre trained in first aid (who holds a valid certification in the application of cardiopulmonary resuscitation and the use of an automated external defibrillator).[30]

Additionally, CPT recommended Polish authorities to put an immediate end to the use of restraint beds in detention facilities for foreigners and remove them from detention centres.[31]

The NPM, recommended that the scope of the medical examination and the medical certificate should refer to the detention and assess whether there is a reasonable presumption of subjection to violence. The so-called body maps should be used during the examinations of all foreigners and medical conduct of body marks as marks of violence, including torture should be performed.[32]

The NPM recommended also that the detention centre in Przemysl should develop an examination methodology to identify victims of torture, including through skin inspection, as well as the documentation of identified injury traces in accordance with the instructions in the Istanbul Protocol and reorganising the method of storing medical records of foreigners, in particular in a way that ensures the preservation of the chronology of documents and prevents their loss.[33]

The issue of access to psychological assistance in detention centres is a much more serious matter.[34] According to the National Prevention Mechanism, in Poland, there is a systemic, long-lasting problem of identification of persons who have experienced torture or any other form of physical, psychological or sexual violence.[35] The detention centre staff, including psychologists, are not properly prepared to identify victims of torture and inhumane treatment and do not know or do not use the content of the Istanbul Protocol.[36]

In September 2015, the Border Guard prepared a document entitled “Rules of BG proceedings with foreigners who need special treatment (algorithm)” because there is no definition of persons who need special treatment and there are no methods for their identification set out in law. The guidelines consist of: (i) a definition of foreigners who require special treatment, (ii) a list of persons involved in the identification, (iii) a set of solutions which simplify identification, (iv) a procedure which should be implemented before a foreigner is placed in the detention centre and (v) a procedure when a foreigner is already in detention. However, early identification of victims of torture and violence is not carried out during the preliminary examination of a foreigner on admission in practice. This document was modified in June 2019, based only on an internal consultation with the Border Guard. In the opinion of NPM, the document still needs improvements [37] as it is inconsistent with Polish law, the Istanbul Protocol and other international standards. These guidelines do not allow for the immediate release of foreigners who are alleged victims of violence from the guarded centre.

According to the HFHR,[38] the Polish authorities (BG and courts on their own motion) do not effectively identify victims of violence. Such identification should be done at the earliest possible stage while deciding on whether the person should be placed in detention. Additionally, the BG and courts should, on their own motion, check if there are any impediments to the application of the detention measure. In practice, asylum seekers who declare in their asylum application to have been subjected to torture, are still placed in detention centres and the identification is not carried out. Moreover, some courts placed victims in detention centres stating that there is no objection to such a decision since they will have access to psychological assistance in the guarded centre. The same opinion is presented in the SG guidelines, according to which, a foreigner will not be released if psychological assistance can be provided in the guarded centre.[39]

According to the representative of a National Prevention Mechanism, the guidelines for examining and documenting injuries based on the principles described in the Istanbul Protocol (especially regarding the use of so-called body maps) are not implemented by the medical staff in detention centres and arrest in Przemyśl.[40] For example, the NPM reported that a victim of torture was placed in the rigorous detention centre in Przemyśl, with the guidelines not applied in his case.[41]

The CPT recommended that medical screening upon admission to a detention centre should include recording of any signs of injury, together with any relevant statements of the detained person and the doctor’s conclusions. A dedicated register on injuries observed during admission and detention should be put in place and attention should be paid to the possible existence of traumatic psychological disorders and signs of victimisation. Furthermore, special training should be provided to healthcare professionals working in guarded centres for foreigners which should cover the technique of interviewing persons who may have been subject to ill-treatment.[42]

Additionally, the CPT noted that none of the centres[43] benefitted from regular visits by a psychiatrist, and there were no clinical psychologists in any of the healthcare teams. Psychologists employed by the Border Guard formed part of the administrative staff and were usually not involved in any therapeutic work. Consultations by an external psychologist could be organised on an ad hoc basis, based upon the recommendation of health-care professionals or upon request by the detained foreign nationals, their lawyers or NGO representatives supporting the detained persons.[44]

According to the CPT’s report, medical confidentiality was generally respected by staff in the detention centre, but due to language barriers and a lack of professional interpretation arrangements, translations during the medical checks were done in the presence and assistance of the other detained foreigners. That is why the CPT recommended ensuring that qualified interpretation is available in all cases when there is a language barrier and the healthcare professional is unable to make a proper diagnostic evaluation and/or communicate treatment need. Additionally, the Committee highlighted that interpretation by a fellow detainee should be avoided by all means.[45]

In 2023 in a guarded centre in Kętrzyn, 2 psychologist- officers was available full-time.[46]

In Krosno external psychologist was present only for 8 hours a week in 2023.[47]

In Przemyśl, psychologists: internal and external are available 80 and 20 hours a month, respectively.[48]

In Biała Podlaska detention centre there are two psychologists hired full-time: a civil worker and a border guard officer. Additionally, the external psychologist was hired for 4-8 hours a week to primarily provide psychological consultations.[49]

In Lesznowola, a full-time psychologist who is also a Border Guard officer was hired, and there is one external psychologist available upon request, typically 1-2 times per week.[50] In Białystok, there were 2 psychologists – one external (available 3 times a week and at the request) and one internal, full time.[51]

In practice, the limited access to independent psychological care raises great concerns.[52] The Border Guards refused to allow psychologists to hold meetings with specific individuals in 2023 in detention centres, declaring that foreigners have access to psychological care in detention centres.[53]

The Commissioner for Human Rights reported many irregularities which concerned psychological assistance and underlined that the number, the frequency and the description of the consultations showed that they were only preliminary interviews and diagnoses. Long-term psychological support was not provided. Additionally, the Commissioner pointed out that the fact that only one psychologist provides psychological assistance in detention centres limits the availability of psychological support. There is a high risk that this psychologist will not be available when support during a foreigner’s mental crisis is needed and there will be no one who could substitute her/him and provide psychological assistance. Moreover, foreigners should have the possibility to choose a psychologist. Otherwise, a detainee who is unable to trust an available psychologist, will not have access to effective psychological support. Moreover, the Commissioner pointed out that a person who does not feel comfortable in the presence of a particular psychologist, will not take advantage of the support. Regardless of their competence, a psychologist may not be the right person to provide support in a particular case because of his/her age, gender, appearance or even way of speaking. In a situation of a multicultural population in detention centres, the human factor plays an even more important role and the more difficult it can be to build trust. Therefore, it is very important to be able to get psychological help from more than one person. When there is no alternative, when a person is not able to trust the only psychologist providing support in a given centre, psychological care will no longer be realistically available.[54]

 

 

 

[1] Articles 410-427 Law on Foreigners.

[2] CPT Report 2018, available at: https://bit.ly/2HVZItc.

[3] Commissioner for Human Rights, visit in detention centre in Lesznowola on 8 February 2022, available at: https://bit.ly/3pm3PSA.

[4] Commissioner for Human Rights, BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.7.2023.KK, Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka dla Cudzoziemców w Białej Podlaskiej available in Polish at: https://bit.ly/44tKu5y; 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529.

[5] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek.

[6] Preparation of state bodies in case of a mass influx of foreigners to Poland, Supreme Audit Office, NIK, Przygotowanie organów państwa na wypadek masowego napływu cudzoziemców do Polski, available in Polish: https://bit.ly/3mWDvQY.

[7] Information provided by the Border Guards in Białystok and Krosno, 2024, Commissioner for Human Rights, Wyciąg, Strzeżony Ośrodek dla Cudzoziemców w Białej Podlaskiej, 18-19 July 2018, available (in Polish) at: https://bit.ly/2TBZ3OY.

[8] Commissioner for Human Rights, BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.6.2023.MD, Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka i Aresztu dla Cudzoziemców w Przemyślu available in Polish at: https://bit.ly/3UMMId2.

[9] Commissioner for Human Rights, Visit in detention centre in Przemyśl in February 2022, https://bit.ly/3pm3PSA. RPO, Wizytacja KMPT w Pomieszczeniu dla Osób Zatrzymanych Placówki Straży Granicznej w Medyce oraz w Strzeżonym Ośrodku dla Cudzoziemców i Areszcie dla Cudzoziemców w Przemyślu, Note From the NPM’s visit to the Guarded Centre and Arrest for Foreigners in Przemyśl, Available in Polish https://bit.ly/40qJUSd.

[10] CPT report: 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, published 22.02.24, availiable in English: https://rm.coe.int/1680ae9529. Information provided by HFHR, March 2024.

[11] Commissioner for Human Rights, visit in detention centre in Wędrzyn in January 2022, https://bit.ly/3M7oXpx. Preparation of state bodies in case of a mass influx of foreigners to Poland, Supreme Audit Office, NIK, Przygotowanie organów państwa na wypadek masowego napływu cudzoziemców do Polski, available in Polish: https://bit.ly/3mWDvQY, See also: Poland: Cruelty Not Compassion, At Europe’s Other Borders, April 2022, available in English here: https://bit.ly/3mOh2FV

[12] Information provided by the Border Guard, 2023.

[13] CPT Report 2018, 28; available at: https://bit.ly/2HVZItc. See also Commissioner for Human Rights, Wyciąg Strzeżony Ośrodek dla Cudzoziemców w Białej Podlaskiej, 7 January 2019, available (in Polish) at: https://bit.ly/3wn4aLH.

[14] Information provided by the Border Guard, 2023.

[15] See also: POLAND: CRUELTY NOT COMPASSION, AT EUROPE’S OTHER BORDERS, April 2022, available in English here: https://bit.ly/3mOh2FV

[16] Letter of Border Guards in Białystok, 12 February 2024.

[17] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish at: https://bit.ly/3URYZek.

[18] Commissioner for Human Rights, Letter to the Regional Courts, 25 January 2022, available at: https://bit.ly/3HnQZJL. See also: Poland: Cruelty Not Compassion, At Europe’s Other Borders, April 2022, available in English here: https://bit.ly/3mOh2FV. 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529; Commissioner for Human Rights, BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.7.2023.KK Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka dla Cudzoziemców w Białej Podlaskiej available in Polish at: https://bit.ly/44tKu5y.

[19] 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: https://rm.coe.int/1680ae9529.

[20] Preparation of state bodies in case of a mass influx of foreigners to Poland, Supreme Audit Office, NIK, Przygotowanie organów państwa na wypadek masowego napływu cudzoziemców do Polski, available in Polish: https://bit.ly/3mWDvQY.

[21] Information provided by the Border Guard, 7 January 2023.

[22] 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: https://rm.coe.int/1680ae9529.

[23] 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: https://rm.coe.int/1680ae9529.

[24] 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, Commissioner for Human Rights, Letter to the Regional Courts, 25 January 2022, available at: https://bit.ly/3HnQZJL. SIP, We present our comments to the European Commission Against Racism and Intolerance, June 2022, available (in English) at: https://bit.ly/3LNUIoo.

[25] Regulation on education foreigners and Polish citizens who were learning abroad, 23 August 2017, available (in Polish) at: https://bit.ly/2XkPupP.

[26] Articles 415(1)(5) and 417 Law on Foreigners.

[27] Information provided by PFM, RPO, Pomoc psychologiczna w strzeżonych ośrodkach dla cudzoziemców – także ze strony NGO-sów, Commissioner for Human Rights, March 2023, available in Polish, https://bit.ly/3UYK1mV, RPO, October 2022 available in Polish: https://bit.ly/3AlWV58.

[28] FIPP, March 2024, 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529, UN special rapporteur on violence against women and children.

[29] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek.

[30] 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: https://rm.coe.int/1680ae9529.

[31] 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: https://rm.coe.int/1680ae9529.

[32] Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek.

[33] Commissioner for Human Rights, BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.6.2023.MD, Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka i Aresztu dla Cudzoziemców w Przemyślu available in Polish at: https://bit.ly/3UMMId2.

[34] RPO, Pomoc psychologiczna w strzeżonych ośrodkach dla cudzoziemców – także ze strony NGO-sów, Commissioner for Human Rights, March 2023, available in Polish, https://bit.ly/3UYK1mV, RPO, October 2022 available in Polish: https://bit.ly/3AlWV58.

[35] Commissioner for Human Rights, BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.6.2023.MD, Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka i Aresztu dla Cudzoziemców w Przemyślu, available in Polish at: https://bit.ly/3UMMId2.

[36] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek. BIURO RZECZNIKA PRAW OBYWATELSKICH, Krajowy Mechanizm Prewencji KMP.572.6.2023.MD, Raport Krajowego Mechanizmu Prewencji Tortur z wizytacji Strzeżonego Ośrodka i Aresztu dla Cudzoziemców w Przemyślu, available in Polish at: https://bit.ly/3UMMId2.

[37] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek.

[38] Information of HFHR, March 2024.

[39] “Rules of BG proceedings with foreigners who need special treatment (algorithm)”, 2015.

[40] RPO, Notatka służbowa z wizytacji KMPT w Strzeżonym Ośrodku i Areszcie dla Cudzoziemców w Przemyślu. Styczeń 2023, Note from the NPM’s visit to the Guarded Centre and Arrest for Foreigners in Przemyśl, available in Polish: https://bit.ly/40wwyno.

[41] RPO, Notatka służbowa z wizytacji KMPT w Strzeżonym Ośrodku i Areszcie dla Cudzoziemców w Przemyślu. Styczeń 2023, Note from the NPM’s visit to the Guarded Centre and Arrest for Foreigners in Przemyśl, available in Polish: https://bit.ly/40wwyno.

[42] 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529.

[43] In Białystok, Biała Podlaska and Wędrzyn.

[44] 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529.

[45] 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, published 22.02.2024, available in English: https://rm.coe.int/1680ae9529.

[46] Information of Border Guards in Kętrzyn, 8 February 2024.

[47] [Sytuacja cudzoziemców w ośrodkach strzeżonych w dobie kryzysu na granicy Polski i Białorusi Raport z wizytacji Krajowego Mechanizmu Prewencji Tortur, [Situation of foreigners in the guarded centres in times of crisis on the border of Poland and Belarus”, Report NPM, June 2022, available in Polish here: https://bit.ly/3URYZek.

[48] Information provided by the Border Guard in Przemyśl, 5 March 2024.

[49] Letter from the Border Guard Office in Biała Podlaska 13 February 2024.

[50] Information provided by the Border Guard, 7 February 2024.

[51] Letter of Border Guards in Białystok, 12 February 2024.

[52] See also: Poland: Cruelty Not Compassion, At Europe’s Other Borders, April 2022, available in English here: https://bit.ly/3mOh2FV.

[53] Information from PFM, March 2023, RPO, Pomoc psychologiczna w strzeżonych ośrodkach dla cudzoziemców – także ze strony NGO-sów, Commissioner for Human Rights, March 2023, available in Polish, https://bit.ly/3UYK1mV,; RPO, October 2022 available in Polish: https://bit.ly/3AlWV58.

[54] 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.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation