Polish prosecutors withdrew an appeal, finalizing an acquittal for five activists accused of aiding migrants along the Belarus border.
Charges Against Activists Assisting Migrants
Four of the five individuals involved in the case were detained while transporting migrants. Initially, investigators charged them with aiding illegal border crossings in March 2022, involving Egyptian and Iraqi nationals.
After a two-year investigation, the charges were altered to facilitating unlawful residence in Poland, which formed the basis of the indictment presented to the court. One individual was also accused of providing food, clothing, and information to migrants in the forest, as well as shelter and rest.
Hajnówka Court Acquits the Accused
In September of last year, the District Court in Hajnówka initially acquitted all defendants of the charges.
Legal Analysis and Reasoning Behind the Acquittal
The court’s ruling included an analysis of Article 264a, paragraph 1 of the Penal Code, which criminalizes enabling or facilitating another person’s stay in Poland illegally.
Prosecutors argued that the migrants themselves benefited, but Judge Adam Rodakowski stated that if this interpretation were accepted, anyone assisting a migrant would be committing a crime. He emphasized that for the crime to apply, the defendants themselves must have gained a personal or financial benefit.
Lack of Evidence of Personal Gain
The judge stated that there was no evidence to suggest the defendants had personally benefited from their actions, or even that they had facilitated illegal border crossings for any gain.
Appeal Withdrawn on Attorney General’s Orders
According to sources in the prosecutor’s office, the appeals were withdrawn at the direction of the Attorney General. The prosecution had initially sought a prison sentence of one year and four months for each defendant.
Case Dismissed by Białystok Court
On Monday, the case was heard by the District Court in Białystok, which, following the withdrawal of the appeal by the Hajnówka District Prosecutor’s Office, dismissed it without consideration. This confirms the acquittal is final.