Polish Interior Ministry withdraws draft on imprisonment for facilitating illegal stay — Notes from Poland
Poland’s Ministry of the Interior has withdrawn a proposal that envisaged up to three years in prison for knowingly facilitating migrants’ illegal stay in the country, even without financial or personal gain. The initiative drew criticism from human rights defenders and objections from part of the government, Notes from Poland reports.
What the initiative envisaged
Current Polish legislation allows for the imprisonment of up to five years of a person who facilitates another person’s illegal stay in Poland in exchange for financial or personal gain. The proposed amendment was intended to extend criminal liability to those who knowingly assist or facilitate such a stay without receiving any benefit.
Deputy Interior Minister Czesław Mroczek explained that the changes were intended to close a loophole for people who, under the guise of assistance, facilitate migrants’ illegal stay and subsequent irregular migration. At the same time, activists feared that the provision could apply to volunteers and residents of border areas who provide migrants with food, water, medical assistance, clothing or shelter.
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Response from human rights defenders and the government
A joint statement against the draft was signed by 61 organizations, including Amnesty International, the Helsinki Foundation for Human Rights and the Auschwitz-Birkenau Foundation. They stated that the proposed wording could create a risk of criminal liability for medical workers, lawyers, institutions working with children and organizations assisting victims of human trafficking.
Human Rights Commissioner Sylwia Gregorczyk-Abram also expressed concern that the changes could criminalize charitable or humanitarian activities involving people whose residence status has not yet been regularized. Family, Labour and Social Policy Minister Agnieszka Dziemianowicz-Bąk of the Left party also publicly opposed the plan.
Poland’s Interior Ministry said it was withdrawing the proposal in order to eliminate any doubts and prevent misinterpretation of the rules. The ministry stressed that the aim was to strengthen the fight against organizers of illegal migrant smuggling, while legal norms must at the same time protect humanitarian values and life-saving activities.
