Description
The idea of the project is to introduce social scrutiny of using preventive measures alternative to detention of foreigners, being a totally new solution in the Polish law. The aim of the project is to survey how the new regulations are applied in practice and whether their introduction has any real impact on better protection of basic rights of irregular migrants and persons applying for refugee status, in particular families with children. In 2012-2013, the Institute for the Rule of Law performed monitoring of court rulings sending foreigners to Guarded Centres for Foreigners. We think that also as a result of our report, in 2013 the act on foreigners was amended. Many solutions alternative to detention, advocated in our report, were introduced. After a year from coming into force of the act, it is worth evaluating how the new legal solutions work.
Summary of project results
In 2014, in Poland new regulations were introduced on using other means than isolation (detention) during procedures concerning foreigners who reside illegally in Poland. Implementing the relevant EU regulations, Poland ceased to use isolation in cases of foreigners, if during the relevant proceedings it is sufficient to require them only to report periodically to the Border Guards (BG), deposit financial security, reside in a defined place, or deposit personal documents necessary for travelling. The aim of the monitoring was to survey the practice and the scale of using the alternative means by the Border Guards and courts of law, and to identify barriers in their use. Another aim was to improve the situation of irregular migrants and refugees. As a result of the project, data on proceedings concerning foreigners led by the Border Guards and courts of law were gathered. 20 interviews were conducted on the practical use of detention means and alternative solutions with lawyers working in NGOs, judges, and Border Guards officers. Information from 26 local courts of law in Poland were obtained, and 113 cases were analysed from 13 courts of law where detention was used. A report was published summing up the monitoring, containing diagnosis, conclusions and proposals for legal and practical changes. The report was promoted during the seminar organised at the end of the project and forwarded to all entities participating in the project. In addition, permanent intervention activities in guarded centres were led by lawyers who offered legal assistance for foreigners. During the monitoring activities, the Polish legal solutions were adapted to the EU standards. The monitoring (applications for access to public information, interviews and legal interventions) enhanced awareness of social control in 26 courts of law and all branches of the Border Guards, including all guarded centres. 150 foreigners received legal assistance concerning detention and alternative solutions. The report can be used by every institution acting for protection of the rights of migrants in Poland.
Summary of bilateral results