The ECHR banned the expulsion of migrants already trapped in Poland back to Belarus

The European Court of Human Rights has published a decision that prohibits Poland from deporting migrants who have already entered Poland back to Belarus.

Between August 20 and December 3, 2021 the ECHR examined more than 40 applications submitted by 198 applicants. In their applications, the applicants urge to ensure their safe stay on the territory of the European Union.

Most of these applications were filed against Poland. The court’s ruling reads as follows: “In most of the applications where the applicants claimed to be in Poland and asked not to be expelled back to Belarus, the court applied Rule 39 and held that the applicants should not be expelled from Poland if they are actually in Poland”.

Rule 39 of the ECHR Rules provides for interim measures in the framework of a complaint on the merits of a violation of human rights. Failure to comply with these measures will be considered by the court as an obstacle to the effective examination of the applicant’s complaint.

As a reminder, the migration crisis on the Belarus-Poland border began to escalate in November 2021. Thousands of migrants from Iraq and Syria gathered near the Bruzgi-Kuźnica checkpoint demanding to be allowed into the EU territory. The refugees tried several times to break through the wire fences into Poland.

On November 16, refugees began to be taken to a transport and logistics centre. Part of the migrants agreed to return to their homeland. Some chose to stay near the checkpoint to Poland.