Detention (deprivation of liberty) of foreigners by the Border Guard Service

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXVI: 2022, numer 3-4
Journal of Criminal Law and Penal Studies Volume XXVI: 2022, No. 3-4

Tomasz Sroka

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refugees, crisis, deprivation of liberty, detention, Polish-Belarusian border, state of emer-
gency, restrictions on rights and freedoms


The refugee crisis on the Polish-Belarusian border related to the appearance on the
border of a significant number of people who were brought to the territory of Belarus
and then directed to the territory of Poland in an organized manner by Belarusian
services led to a number of actions by, among others, Polish authorities, the legal as-
pects of which required urgent elaboration. This article addresses the issue of detention
(deprivation of liberty) of foreigners by the Border Guard Service. The Border Guard’s
provision of security at the border of the Republic of Poland may require actions that
lead to restrictions on the rights or freedoms of individuals – both foreigners and cit-
izens of our country. The provision by the Polish state of adequate guarantees for the
protection of individual or common property, as well as enabling the implementation
of procedures for the entry or control of the stay of foreigners in the territory of Poland
is not possible without authorizing Border Guard officers to take actions that may result
in the restriction of various rights and freedoms, especially freedom of movement. Due
to various circumstances, this may sometimes require Border Guard officers to resort
to the measure that most interferes with the sphere of individual freedom, namely
deprivation of liberty.
Since deprivation of liberty constitutes the most far-reaching interference with an
individual’s personal liberty, the legislator in Article 41 of the Constitution pointed to
special guarantees for the protection of persons from arbitrary deprivation of their liberty.


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