A/HRC/53/26/Add.1
mothers received care from the Belarusian Red Cross. Moreover, although the delegation did
not visit them, according to the Polish authorities unaccompanied children were detained in
closed detention facilities. The Special Rapporteur also noted with concern that new
immigration detention facilities were being built in Poland, including new facilities for the
detention of families and children that he observed when visiting the guarded centre for
foreigners of Lesznowola.
78.
Alternatives exist in Poland. There are open facilities run by the Office for Foreigners.
In such centres, children can benefit from the public education system and attend school
outside the facilities, with the support of local government and under the supervision of the
Ministry of Education. The Special Rapporteur also learned that the Polish Border Guard
cooperates with charity groups to provide alternative accommodation for persons with
disabilities or other illness that require intensive care.
VII. Conclusions and recommendations
79.
The situation of migrants at the Polish-Belarusian border reflects the ongoing
geopolitical crisis in the region. The Special Rapporteur firmly condemns the use of
migrants as a political tool, which is a violation of their human rights. Migrants should
not be used or sacrificed.
80.
Pushback practices at the border have cost migrants’ lives. Continued reports of
migrants stranded at the Polish-Belarusian border, especially new arrivals, confirm
that harsh border governance measures and the construction of the physical fence have
not deterred irregular border crossing attempts but have heightened the risks to
migrants and increased their suffering. Serious concerns remain over the physical and
mental integrity of all migrants stranded at the Polish-Belarusian border, particularly
in view of incoming arrivals and the increasingly harsh circumstances after the
installation of the fence, including during winter weather. These conditions may also
amount to cruel, inhuman or degrading treatment and may result in violations of the
rights to life and security of person.
81.
The Special Rapporteur calls upon Poland, Belarus and the European Union to
conduct constructive dialogue, most importantly to prevent further loss of life and to
ensure that the protection of the human rights of migrants is placed at the centre of any
solution adopted to address this situation, and recommends that:
(a)
Poland and Belarus take all reasonable precautionary steps to protect life
and to prevent excessive use of force and conditions amounting to cruel, inhuman and
degrading treatment and cooperate to save lives and prevent migrant deaths and
injuries, in accordance with international law;
(b)
Since each death requires a prompt, independent, transparent and
thorough investigation, the authorities of Poland and Belarus must cooperate with such
processes, conduct prompt, thorough and transparent investigations into each migrant
death and each allegation of violence committed by border guards on both sides at the
Polish-Belarusian border and take proactive steps to remove suspected perpetrators
from duty and prosecute them, when appropriate;
(c)
Relevant United Nations entities provide human rights training to border
guards and other law enforcement officials, as well as to judges and legal aid providers
in both Poland and Belarus;
(d)
Poland and Belarus ensure access to justice and remedies for migrants
who have suffered human rights violations or abuses as a result of border governance
measures, including by establishing accessible and adequate complaint and reparation
procedures and by refraining from raising territorial or other restrictions that
effectively prevent applicants from accessing justice;
(e)
Poland and Belarus grant full access to the border area to civil society
organizations and independent monitoring mechanisms; it is important to ensure that
a strong and independent role is played by local civil society in both countries, as well
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