On January 28, 2025, the first hearing took place at the District Court in Hajnówka in the case of five activists accused of “facilitating the stay on the territory of the Republic of Poland in violation of regulations.” One of the activists was accused of providing food to migrants, while four others were accused of transporting migrants deeper into the country (more details about the case are provided below in the text).

The prosecutor upheld the charges, and the accused individuals did not plead guilty. The prosecutor requested the exclusion of the public from the entire hearing, and the court partially granted the request. The part of the hearing where the accused could freely express themselves remained public, as well as the witness testimony. However, the portion of the hearing in which the prosecutor questioned the accused was held behind closed doors.

The next hearing is scheduled for April or May 2025. The accused are defended by attorney Radosław Baszuk, with support from the Szpila Collective and the Helsinki Foundation for Human Rights. Representatives from organizations such as the Association for Legal Intervention, Free Courts, and the Supreme Bar Council are also participating in the proceedings.

Punishing for Good

Outside the court building in Hajnówka, a demonstration of support for the accused was held, with dozens of people present. During the demonstration, one of the accused, Kamila Jagoda Mikołajek, stated: “Helping is our duty, and no one should fear helping those in need. I do not regret what I did. I am proud of myself and every person who helps. We helped, we are helping, and we will continue to help.”

Paulina Siegień, a journalist and resident of Podlasie, said: “This is not just a trial of these five people. This is a trial where the entire civil society is sitting on the defendant’s bench.”

“Idealists, Far from Common Sense”

The hearing attracted a large number of people, including media representatives, locals, and supporters of the accused. Not everyone could fit into the courtroom. Eventually, the closest family members of the accused, media representatives, and two members of Parliament (Dorota Olko and Klaudia Jachira) were allowed to enter.

Four people present in the courtroom gave statements in the form of free expressions. Two of them are quoted below (not in full):

Joanna Agnieszka Humka: “I would like to express my frustration and disgust that I have to stand here and make a statement about an action I took to possibly save a life, and certainly to protect the health and dignity of another person. (…) For me, deporting people from the territory of Poland to Belarus is like participating in attempted murder with white gloves. People die indirectly due to decisions made in Polish and Brussels offices. We don’t have to watch this, and for some, turning a blind eye is seen as a way of escaping responsibility. I am fortunate enough to be one of those people who believe that the right to life, water, food, and even choosing one’s life path should not depend on where a person was born or even whether they have the right passport. (…)

It may seem that people who believe in human rights and dignity regardless of origin are some kind of idealists far from so-called common sense. But I would like to remind you that those idealists were probably also the authors of the Constitution of the Republic of Poland, who wrote in Article 30 that the inherent and inalienable dignity of the person is the source of freedom and human rights. It is inviolable, and its respect and protection are the duty of public authorities.”

Ewa Moroz-Keczyńska: “I have spent my life trying to be a good person, and now I stand before the court accused of helping another person. (…) It is really difficult to put into words what I and many other residents [of Podlasie – editor’s note] experienced. It’s really hard to live when you know that someone is dying near your home. On a daily basis, one does not feel safer going to work, to preschool, or to school, and being repeatedly stopped for checks. When children ask, seeing soldiers with guns in public spaces, who are these men going to shoot? Yes, we, the locals, were not supported in any way other than militarily. And these trips to neighboring villages, where my family members live, where my friends live, and when we are stopped, the suspicion of the officers only deepened our sense of isolation. It was very difficult. (…)

I myself am a mother, and seeing a mother with a sick child [migrants, refugees – editor’s note], I don’t know who wouldn’t feel sympathy. I am saying this only to make you aware that we, as locals, saw things that you, as the media, didn’t show because you weren’t there.

And I’ll say this, because these people were already in the forest, what were we supposed to do? We could either help or not. We know from our history that there are values that should never be violated, and the moment empathy ceases is the beginning of the end. That’s why many ordinary, but sensitive locals helped. (…)

If saving someone’s life is a crime, what should we call the act of directly causing someone’s death?”

What is the Case About?

In March 2022, five people at the Polish-Belarusian border provided assistance to an Iraqi family with seven children and a man from Egypt accompanying them. For this, four of them were charged with assisting in the illegal crossing of the border. In 2022, the prosecution requested detention, but the court denied the request.

At the beginning of 2024, the prosecution changed the charges, and in May of the same year, the indictment was submitted to the District Court in Hajnówka. The charges were based on Article 264a § 1 of the Penal Code, which reads: “Anyone who, with the intention of gaining material or personal benefit, enables or facilitates another person’s stay in the territory of the Republic of Poland in violation of the regulations, shall be punished by imprisonment for a period of 3 months to 5 years.”

Four activists (the same as before) were accused of “facilitating the stay of the specified individuals in the territory of Poland in violation of the regulations by transporting them deeper into the country.” The fifth person (who was not charged in 2022) “facilitated the stay on the territory of Poland” by providing them with food and clothing during their stay in the forest, offering them shelter and rest, and also transporting them deeper into the country on March 22, 2022.”

The penalty for this charge is 3 months to 5 years in prison.

The above text by Magdalena Chrzczonowicz was published on OKO.press on January 28, 2025.