A/HRC/53/26/Add.1
to further acts of violence or other repercussions, such as pushbacks or detention, has
prevented affected migrants from seeking medical and non-medical assistance to address
their needs. Migrants of African descent seem to be among the most affected, as well as those
who are perceived to be Muslim.
66.
The installation of the metal fence along the border on the Polish side has reportedly
reduced the interaction between migrants and border guards on both sides, although instances
of violence committed by border authorities from both countries continued to be reported
between August and October 2022. In addition, attempts to cross the wall have led to
accidents, causing physical injuries that in some instances required hospitalization.
67.
The Special Rapporteur notes with regret that despite the evidence gathered, both
sides denied allegations of abusive and violent tactics by their own border guards. As a result,
there has been a lack of internal investigation and the creation of a culture of impunity, which
has contributed to the recurrence of violence.
68.
As mentioned above, Polish border guards are responsible for receiving asylum
applications. The Special Rapporteur learned that, in the presence of staff of the national
Commissioner for Human Rights, border guards accepted all asylum applications. However,
he has also received information indicating that requests to apply for asylum by migrants
apprehended at the border were repeatedly ignored by Polish border guards.
Loss of life and migrants stranded at the border
69.
A number of migrants have lost their lives on both sides of the border since 2021. At
the time of the visit of the Special Rapporteur, the Belarusian authorities had documented
four such cases and had collected data on registered deaths and affected migrants, while
Polish authorities had investigated 10 deaths. The total number of deaths recognized by the
authorities of both countries does not correspond to the information gathered by the
delegation. According to public sources, at least 19 migrants died in the forest in 2021, at
least 13 in 2022 and as many as 195 persons remain missing. Given the difficulty for civil
society actors and the media to monitor and document the situation owing to restricted access
the border area, the Special Rapporteur is concerned that these figures could be higher.
70.
As a result of practices adopted by both States, hundreds of migrants, including
families and children, remain stranded at the border, unable to access the territory of Poland
and at the same time prevented from re-entering Belarus. They have been forced to stay in
the forests, sometimes hidden, for several weeks in some instances, where they have been
exposed to extreme cold and heavy snowfall during the winter, without access to food,
shelter, clean water, warm clothes, sanitation facilities, health care services or any other form
of assistance. Many have suffered hypothermia, risked serious illness and injury. The
situation continues to raise grave concerns, as three more persons were reported dead at the
border in January 2023.
Independent monitoring
71.
Volunteers and activists have been barred from accessing the border between Poland
and Belarus, and some have even faced prosecution for providing humanitarian assistance to
migrants in distress at the border. On the Polish side, restricted access to the border area
imposed since September 2021 have severely hindered access by representatives of civil
society organizations and the media as well as humanitarian actors. It was not possible for
any independent mechanisms to conduct monitoring activities on the situation at the border.
Furthermore, human rights defenders, civil society actors and local residents providing help
to migrants at the Polish-Belarussian border have also been the target of harassment and
intimidation by law enforcement officials, including in areas outside restricted areas.
B.
Deprivation of liberty of migrants, including asylum-seekers
72.
Polish domestic law allows for the detention of migrants and asylum-seekers in
guarded centres for foreigners, which are closed immigration detention facilities under the
control of the Border Guard. According to article 403 (1) of the Act on foreigners, a foreigner,
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