Poland - July 2024

On 12 July, the Sejm, Poland’s lower parliamentary house, approved amendments to the Homeland Defence Act and the Criminal Code, which exempts soldiers, border guards and police officers from criminal liability for the use of weapons against migrants attempting to cross into Poland under certain conditions. These circumstances include cases of self-defence or failure to comply with a request to surrender a weapon, explosive or “other dangerous item.” Legal experts point to the risk of the broad interpretation of a “dangerous item.” The amendments also provide officers accused of improper use of weapons with financial support to obtain legal assistance. The amendments were approved with overwhelming support (401 votes in favour and 17 against). The Defense Ministry introduced the legislation on 21 June after two soldiers were suspended from duty and charged with exceeding their powers after firing warning shots towards a group of migrants at the border with Belarus, sparking fierce political debate. 

Sources: Notes from Poland (1), Notes from Poland (2), Rzeczpospolita, Sejm (1), Sejm (2), International IDEA