Detention of irregular migrants –
Polish practice
Polish Border Guard
Headquarters
Aliens Department
The project is co-financed by European Return Fund and Estonian Ministry of
Interior
LEGAL BASES OF DETENTION
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1. Risk of escape of the foreigner who is a subject of deportation procedure
2. He's been issued a decision on removal
3. He's been issued a decision on obligation to leave Poland and did not
fulfill it
4. Crossed/tried to cross the border illegally
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A.d. 1
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declaring not to obey obligations stated by decision on removal
lack of identity documents after illegal border crossing
entry during duration of an entry ban
LEGAL BASES OF DETENTION
General rule - asylum seekers are not detained
Possible exceptions:
asylum seeker shall be detained if he/she:
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- crossed the border illegally
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- posses no documents confirming his identity
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- behaves dangerously or states a threat for public health/order
Kętrzyn
131
Białystok
151
(136/15)
Krosno
Odrzańskie
60
Lesznowola
23
Biała
Podlaska
152
Guarded
centre
Arrest
Przemyśl
173
(138/35)
After apprehension waiting for travel
to a guarded centre or to an expulsion arrest
Guarded centres for aliens
in Poland
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Guarded Centre for Aliens
in Lesznowola
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Guarded Centre for Aliens
in Przemyśl
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Guarded Centre for Aliens
in Biała Podlaska
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Guarded Centre for Aliens
in Białystok
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Guarded Centre for Aliens
in Kętrzyn
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Guarded Centre for Aliens
in Krosno Odrzańskie
23 places
(opened in 1998, since 1st Sept 2008
in Border Guard structure)
173 places
(opened 1st November 2007)
152 places
(opened 30th January 2008)
151 places
(opened 15th February 2008)
131 places
(opened 15th May 2008)
60 places
(opened 1st January 2009)
TOTAL: 690 PLACES
The Guarded Centre for Aliens
in Przemyśl
The Guarded Centre for Aliens
in Lesznowola
The Guarded Centre for Aliens
in Przemyśl
The differences between a guarded centre
and an expulsion arrest according
to the Regulation of Minister of Interior and Administration
Guarded Centre:
• Room for an officer on duty
• Surgery
• Isolation ward
• Visit room
• Kitchen (cooking or serving catering
food)
• Stock rooms, decontamination
room, drying room
• Rooms for aliens
• Rooms for minors
• Library
• Day room
• Room for religious practises
• Shower rooms, laundry room if
necessary
• Toilets
• Sports and recreation yard with
playground for children
Expulsion Arrest:
• Room for an officer on duty
• Surgery
• Isolation ward
• Visit room
• Kitchen (serving catering food)
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Stock rooms for aliens’ personal
belongings
Cell rooms
Shower rooms
Toilets
Prison yard
Rooms for aliens in the Guarded Centre for Aliens
in Przemyśl
Isolation ward in the Guarded Centre for Aliens
in Przemyśl
The Guarded Centre for Aliens in Przemyśl (library)
Sports and recreation yard with playground for children in the Guarded
Centre for Aliens in Przemyśl
(I)
Sports and recreation yard with playground for children in the Guarded
Centre for Aliens in Przemyśl
(II)
The Guarded Centre for Aliens in Przemyśl
(room for religious practises)
The Guarded Centre for Aliens in Przemyśl (day room)
(I)
The Guarded Centre for Aliens in Przemyśl (day room)
(II)
The Guarded Centre for Aliens in Przemyśl (day room)
(III)
The Guarded Centre for Aliens
in Lesznowola (kitchen)
The Guarded Centre for Aliens in Przemyśl
(shower rooms)
Conditions
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Lighting in ceilling, additionally protected by wire netting
Pivoting windows, bars outside the windows
Radiators
Ventilation
At least 3 m2 for a man, 4 m2 for a woman and a minor
Beds, bedside tables, tables and stools Lavatories, shower
rooms on every level
• An available cardphone
Security system
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3 m high outside fence with barbed wire, 3 m wide lit protective zone,
2 m high inside fence with barbed wire
Additionally video surveilance of: fences, corridors, administrative
rooms, utility rooms, public rooms
Entry and exit go through the two gates
Alarm system – alarm buttons in duty room, on corridor’s walls, in
surgery, in visit room, in kitchen, in shower rooms and lavatories
Additionally in the expulsion arrest
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Entries and exits protected by bars and solid doors with certificated
lock
Solid cell doors that can be open outwards, with peephole, two bolts,
certificated lock and safety chain
Equipment fixed to the floor in cells rooms
Alarm buttons in cell rooms
The Guarded Centre for Aliens in Przemyśl
(entry gate - outside viwe)
The Guarded Centre for Aliens in Przemyśl
(entry gate – inside view)
The Guarded Centre for Aliens in Przemyśl
(entry gate – outside view)
The Guarded Centre for Aliens
in Lesznowola
The Guarded Centre for Aliens in Przemyśl
(video surveilance of fences)
The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)
(I)
The Guarded Centre for Aliens in Przemyśl (rooms for an officer on duty)
(II)
Alarm system
– alarm buttons in duty room, on corridor’s walls, in surgery, in visit room, in kitchen,
in shower rooms and lavatories
The expulsion arrests
entries and exits protected by bars and solid doors with certificated lock
The expulsion arrests
solid cell doors that can be open outwards, with peephole, two bolts, certificated lock
and safety chain
Aliens’ duties:
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To obey the regulations of the detention cetre
To carry out orders given by an officer on duty
To keep quiet from 22 to 6 o’clock (on Sunday to 7)
To obey the rules of social life
To care for hygiene and keep cleanness
To use equipment in a proper way
To inform immidiately about any illness or any other
dangerous situation
Aliens’ rights:
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The right to contact the Polish administrative authorities, Polish and
international non-government organisations, diplomatic missions
The right to be visited by close relatives (if permission is given by BG
or the Police)
The right to medical help
The right to quiet hours (22.00 – 6.00; in holidays until 7.00)
The right to one hour walk outside the building (in arrests)
The right to keep the contact with other aliens in the detention centre
The right to use equipment in the day room
The right to religious practises
The right to buy newspapers, books, food articles, personal belongings
The right to smoke and buy cigarettes (in pointed places)
The right to receive post packages and to correspondence
The right to submit requests, complaints and demands
Medical treatment
• The alien admitted to a guarded centre or an
expulsion arrest is without delay medical
examined and if it is necessary he/she is
exposed to sanitary treatment
• The costs of medical treatment are
reimbursed from national budget (from the
part of Minister of Interior)
• The alien has a right to medical care and to
stay in medical facility if necessary
Medical treatment
• The pregnant woman may stay in an
expulsion arrest up to the 7th month of
pregnancy, then she must be placed in a
guarded centre
• In the case, there is a threat to life or health
the alien may not be put in any detention
centre, and if he/she stayes in such a centre,
he/she must be released
Thank you for your attention
szymon.grygiel@strazgraniczna.pl