In a letter to the Marshal of the Polish Senate, Commissioner O’Flaherty asks the Senate to refrain from adopting the draft law amending the Act on Granting Protection to Foreigners in Poland because it raises concerns as to its compatibility with human rights standards.
“The proposed amendments restricting access to asylum procedures raise serious questions about their compatibility with Council of Europe human rights standards, especially those enshrined in Article 3 of the European Convention on Human Rights. This article encompasses a prohibition on removing any person to a country where they would be at real risk of torture or inhuman or degrading treatment or punishment (non-refoulement)” writes the Commissioner.
The draft law introduces temporary and territorial restrictions on applying for protection in cases deemed a threat to state and citizen security. While acknowledging the challenges posed by the instrumentalisation of migration, the Commissioner warns that the proposed amendments may lead to situations where individuals are denied the opportunity to present their claims, exposing them to potential treatment contrary to the refoulement prohibition in the state to which they are returned. He also expresses concern that the safeguards in the draft law may be inadequate to prevent refoulement in all cases, leaving many at risk. Additionally, he notes that returns without individual examination may violate the prohibition of refoulement.