common spaces at the places of detention is carried out. Appropriate disinfectants and hygiene products,
including protective masks and gloves, were provided to foreign migrants at the facilities, to Border
Guard officers, employees and medical personnel, as well as cleaning personnel.
The Minister of Health also replied24 to the CHR’s general intervention. In his reply, he
described measures taken to protect patients and personnel of psychiatric hospitals, and hospitals where
people were held as a preventive measure.
Monitoring of deportation operations25
According to the information provided by the Director of the Border Guard Headquarters’
Committee on Foreign Migrants, the number of migrants deported to third countries by the Polish Border
Guard service is increasing. Among persons deported to third countries there happen to be
representatives of particularly vulnerable groups, such as juveniles, seniors, chronically ill persons or
people with disabilities.
The Commissioner pays close attention to the situation of people with regard to whom
deportation decisions are enforced. This is particularly important with regard to the conditions in which
the person in question has been detained. In also has to be borne in mind that a foreign citizen, after
his/her transfer to the authorities of the state to which he/she is deported, in practice has very limited
possibilities to complain about any violation of his/her rights during the deportation operation. The
national law provided for the possibility to monitor deportation operations under Article 333 of the Act
on Foreign Migrants26. Pursuant to that article, representatives of non-governmental or international
organisations working in support of foreign migrants may be present as observers during the detention
and deportation of a foreign citizen pursuant to the enforcement of the undertaken decision on the
citizen’s deportation. According to the Commissioner, among the entities authorized by the law to
monitor deportations there should also be the Commissioner for Human Rights as the body performing
the role of the National Mechanism for the Prevention of Torture.
The Commissioner also drew attention to issues connected with limitations in the exercise of
the mandate of non-governmental organisations’ representatives taking part in the monitoring of
deportations. The observers were not permitted to take part in activities preceding the foreign citizens’
transport to the airport from which deportation flights were taking place. In some cases, their contact
with persons awaiting deportation was impeded. Another problem was the lack of access to the
documentation regarding the deported migrants. The adopted solutions not only do not contribute to the
24
Letter of 14 April 2020.
25
General intervention letter of the CHR to the Minister of the Interior and Administration, of 3 April 2020, no.
KMP.572.5.2018.
26
Act of 12 December 2013 (Journal of Laws of 2020, item 35).
24
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