They stood up for refugee rights — on September 2nd, they will face trial
On September 2nd, five people accused of providing humanitarian aid (the so-called “Hajnówka Five”) and Bartek, who was accused of “influencing the official duties of the Border Guard” for attempting to enforce the law, will appear before the District Court in Białystok.
On Tuesday, September 2nd, two cases will be heard at the District Court in Białystok — the defendants are people involved in providing humanitarian aid on the Polish-Belarusian border.
The “Hajnówka Five”
Five people face up to five years in prison for providing assistance to a family from Iraq with seven children and a man from Egypt, who were in the forest near the Polish-Belarusian border in March 2022.
According to the prosecution, the “crime” involved “facilitating illegal residence in the territory of the Republic of Poland” by providing food and clothing and transporting refugees “deep into the country” in exchange for the “personal gain” … of the people who were given assistance.
What actually happened was that the people were transported a few kilometres away from the forest. The situation took place when night-time temperatures in Podlasie fell below zero.
This is already the fourth hearing in the trial of the Five, and it seems that the proceedings in the first instance may end on Tuesday.
The hearing will begin at 10:00 a.m. (case no. VII K 120/24). Detailed information on the possibility of media representatives being present at the hearing and obtaining accreditation can be found on the court’s website.
Bartek’s case
On the same day, at the same court in Białystok, the first hearing will be held against Bartek — a volunteer who, in October 2024, tried to ensure that the Border Guard fulfilled its legal obligation and accepted an application for international protection from a young Somali man, whom Bartek was authorised to represent in all proceedings, including refugee proceedings.
Authorities pushed the young man back to Belarus without even informing his representative. Bartek, who attempted to assert his client’s rights, was subsequently charged with “influencing the official duties of the Border Guard”. He now faces up to three years in prison.
The trial will begin at 8:30 a.m. (case no. III K 1787/24). Detailed information on the possibility of media representatives being present at the hearing and obtaining accreditation can be found on the court’s website.
Helping a person in immediate danger is a legal obligation
“Both trials are examples of the repressions experienced by people providing humanitarian aid. Attempts to criminalise solidarity are intended to discourage people from defending human rights. Since the beginning of the humanitarian crisis on the border, we have taken a stance that helping is legal,” says Jarosław Jagura, a lawyer working with the Helsinki Foundation for Human Rights.
The actions of the prosecutor’s office indicate that it is attempting to equate providing humanitarian aid on the Polish-Belarusian border with smuggling. At the same time, Article 162 § 1 of the Criminal Code requires assistance to be provided to persons whose life or health is in danger, under penalty of up to three years in prison.
Providing assistance does not always mean giving water, a hot meal or clothing. In certain situations, the only adequate assistance may be to drive people away from an area where their lives may be at risk due to weather conditions or illegal actions by the authorities.
Against human rights violations — in solidarity with the accused
Humanitarian aid is provided even in areas affected by open armed conflict, and one of its principles is independence — meaning the autonomy of humanitarian objectives from political, economic and military ones. Poland has also committed itself to this principle under the European Consensus on Humanitarian Aid.
The following organisations are involved in the proceedings: the Supreme Bar Council, the Helsinki Foundation for Human Rights, the Free Courts Association, the Association for Legal Intervention, the Nomada Association and the Election Observatory.
The court also agreed to allow Ordo Iuris and the Independence March Association to join the proceedings.
On Tuesday, September 2nd, on the day of both hearings before the District Court in Białystok, a demonstration in solidarity with the defendants will take place — it is scheduled to begin at 9:00 a.m.
Legal assistance to the defendants is provided by the Helsinki Foundation for Human Rights and the Szpila Collective.
More information about the Hajnówka Five’s case:
https://naturalniepomagam.noblogs.org
More information about Bartek’s case:
https://hfhr.pl/aktualnosci/wolontariusz-broniacy-praw-uchodzcy-oskarzony-o-wywieranie-wplywu-na-straz-graniczna
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