A/HRC/53/26/Add.1 the winter. Most attempts to cross the border reportedly take place at night, including attempts to cross the Polish border barrier using tunnels, ladders and ropes, as well as attempts to cross the swamps, which pose a greater risk to the migrants’ lives. In addition, as of November 2022, more than a year after the unfolding of the humanitarian situation at the border, there were still reports of persons being stranded in the forest for up to 12 days without access to clean water. VI. Human rights impact on migrants and refugees A. Pushbacks 61. As mentioned above, in October 2021, Poland introduced legislative changes to relevant laws on migration and international protection. The amended provisions enable the Polish Border Guard to immediately return to the borderline migrants who are apprehended while attempting to cross into Poland outside official crossing points. The legislation does not differentiate between children and adults. 62. In practice, migrants who are detected while crossing the border outside official points are taken to Polish Border Guard posts. If applicable, border guards issue a return order under the provisions of the Act on foreigners and the decision is immediately executable. Information received indicates that migrants do not have access to legal aid during this process. For those migrants that require medical attention, assistance is provided at the foreigners’ registration centre. Most migrants are provided with a “survival package”, containing food, water and a thermic blanket before being pushed back to the Belarusian side of the border. Border guards reported that these returns are conducted at the most convenient time, calculated in order to avoid detection by Belarusian border guards, regardless of the time of day or weather conditions. Sometimes returns are conducted during the night. 63. Medical and humanitarian assistance coordinated by local emergency services and civil society organizations is provided to migrants in need prior to their expulsion. In some instances, border guards have been involved in the arrangement and delivery of humanitarian assistance to migrants in need and in search and rescue operations. However, the Special Rapporteur notes with concern that the ultimate goal of the Polish Border Guard seemed to be to push migrants back to the other side of the border once they have regained some physical strength. 64. According to official data collected by Polish governmental authorities, 43,881 persons crossed the Polish-Belarusian border between 2021 and July 2022, mainly concentrated on the section controlled by the Podlaski regional unit of the Border Guard. Of that number, 41,181 persons were “redirected” back to the border line. Border guards are obliged to draw up a report on a person who has been arrested for irregular border crossing and to issue an order to remove that person from Poland. However, if that same individual is apprehended again by the Polish Border Guard, the immediate return takes place under the provisions of the regulation on temporary suspension on border crossings, amended in August 2021, which does not require that a legal procedure or a return order be initiated against the migrant for his/her removal from the territory. While many migrants have been pushed back and forth across the border multiple times, only the first removal is recorded and conducted under official procedures. Therefore, it is challenging to obtain accurate data on the full scope of pushback practices in Poland, considering that some migrants may be stranded in the forest for several weeks and been subject to several pushbacks from both sides. 65. The Special Rapporteur is particularly concerned about allegations of the use of violence by the border guards of both Poland and Belarus in the course of pushing migrants back and forth. Reported allegations indicate the use of water cannon, the destruction of phones and other electric devices, the use of attack dogs and of pushing, threatening with weapons and intimidation. Although denied by both States, the delegation gathered testimonies and evidence inside and outside the countries and witnessed the results of such violence perpetrated against migrants, including physical injuries and mental health consequences, such as stress and trauma. On both sides of the border, fear of being subjected GE.23-06742 13