Five activists who helped migrants at the Belarus border have been acquitted after the prosecutor dropped its appeal.
Charges Against Activists Helping Migrants
Four of the five people involved in this process were detained while transporting migrants. Initially, investigators charged them with aiding in the illegal crossing of the Polish-Belarusian border by an Egyptian man and an Iraqi family in March 2022.
After a two-year investigation, the prosecutor changed the charges to facilitating migrants’ illegal stay in Poland, and in this version, the indictment was submitted to court. One person was accused of providing food, clothing, shelter, and useful information to migrants in the forest. The other four were accused of transporting these foreigners deeper into the country.
Hajnówka District Court Acquitted the Accused
In September of last year, the Hajnówka District Court non-finality acquitted all accused of such a charge. Justifying the verdict, the court analyzed Article 264a paragraph 1 of the Penal Code, which penalizes enabling or facilitating someone’s stay contrary to regulations for personal or financial benefit.
The court determined that the activists didn’t obtain personal benefit, and there were no proving they acted for financial gain. Judge Adam Rodakowski emphasized that the benefit would need to be obtained by the accused, not the migrants they helped.
Prosecutor General Ordered Appeal Withdrawal
On Monday, the case was referred to the District Court in Białystok, which left it without consideration after the Hajnówka District Prosecutor’s Office withdrew its appeal. This means the acquittal verdict is final.
According to PAP information from sources in the prosecutor’s office, the appeals were withdrawn on the order of the Prosecutor General. In the first instance court, the prosecutor had sought a sentence of one year and four months in prison for each accused.
