Zatrzymanie (pozbawienie wolności) cudzoziemców przez Straż Graniczną

Abstrakt

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 aspects 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 citizens 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.