closed detention centre. There are two types of detention centres under Police and
Border Guards (hereinafter referred to as BG), where illegal immigrants are kept:
deportation centres and guarded centres for foreigners.
There is a rule of placing a foreigner first in a guarded centre and, if the stay
there turns out or could turn out ineffective, only then the person is placed in a
deportation centre.
If there is an obstacle which makes an escort or admission of an alien to the
guarded centre or the deportation centre impossible they may be placed in the Police or
the Border Guard separate facility for detained persons, until this obstacle is removed.
Issues concerning the proceedings in cases dealing with detaining a foreigner
and placing him in a guarded centre or a deportation centre have been regulated by:
Art. 101-123 of the Act of 13 June 2003 on foreigners93 and Art. 87-89c of the Act of
13 June 2003 on granting protection to foreigners in the territory of the Republic of
Poland94. According to the first document, in the scope not regulated by the Act, the
Code of Criminal Procedure shall apply to detaining a foreigner and placing a
foreigner in a guarded centre.
In 2010 the employees of the Public Administration, Healthcare and Protection
of Aliens Department of the Office of the Human Rights Defender visited three
deportation centres (hereinafter: Deportation Centre) and one guarded centre for
foreigners (hereinafter: Guarded Centre)95.
a) Legality of placing a foreigner in a guarded centre or a deportation
centre
European Convention for the Protection of Human Rights and Fundamental
Freedoms (open for signature on 4 November 1950, Dz.U. 1993, No 61, item 284)
Article 5
Internation Covenant for Civil and Political Rights (open for signature in New York
on 19 December 1966, Dz.U. of 1977, No 38, item 167)
Article 9 Everyone has the right to liberty and security of person. No one shall be subjected
to arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
Resolution of the United Nations General Assembly 43/173 of 9 December 1988:
Principle 2. Arrest, detention or imprisonment shall only be carried out strictly in
accordance with the provisions of the law by competent officials or persons authorized for
this purpose.
The Constitution of the Republic of Poland of 2 April 1997
Article 31.1. Freedom of the person shall receive legal protection.
37. 1. Anyone, being under the authority of the Polish State, shall enjoy the freedoms and
rights ensured by the Constitution.
2. Exemptions from this principle with respect to foreigners shall be specified by statute.
Act of 13 June 2003 on Aliens (Dz.U. of 2006, No 234, item 1694, as amended), Article
102, Article 104, Article 106, Article 107 and Article 108.
Act of 13 June 2003 on granting protection to Aliens on the territory of the Republic of
Poland (Dz.U. of 2009, No 189, item 1472, as amended), Articles 87, 88, 89, 89b, 89c.
93
Dz.U. of 2006, No 234, item 1694, as amended.
Dz.U. of 2009, No 189, item 1472, as amended.
95
Deportation Centre at the Border Guard Unit in Lubań, Deportation Centre at the Border Guard Unit in
Szczecin, Guarded Centre for Foreigners at the Nadodrzański Border Guard Unit in Krosno Odrzańskie.
94
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