Safeguarding rights at the Poland–Belarus border: Urgent legal action before the ECtHR
In early May 2025, ELIL was alerted to the case of a severely ill person who had recently crossed into Poland after surviving for nearly three weeks in the forest along the Belarusian border. The person had been found in a critical state and admitted to hospital with severe hypothermia, dehydration and visible signs of physical exhaustion. Their condition reflected the brutality of life at the border: no access to food or clean drinking water, injuries caused by prolonged walking without shoes and internal pain resulting from the desperate consumption of leaves and grasses. While in hospital, the individual recounted alarming experiences of abuse by Belarusian authorities, including physical mistreatment, threats of death and the witnessing of extrajudicial killings. They made clear that returning to Belarus was not an option. At the same time, they feared persecution in their country of origin due to past professional activities that placed them at risk.
ELIL responded immediately. On 8 May, a request for interim measures was filed with the European Court of Human Rights (ECHR), citing the real and immediate risk of irreparable harm. The next day, the Court granted the request. ELIL immediately shared the Court’s decision with the relevant Polish border guard posts and remained in close contact with the hospital to monitor the individual’s condition. Once discharge from the hospital was imminent, ELIL followed up with the authorities to ensure that the interim measure would be respected and that the person would be allowed to apply for international protection.
Despite the Court’s intervention, the situation escalated. On 13 May, the border guard informed ELIL that an application for asylum had not been accepted. Instead, they had filed a request to place the person in detention. ELIL immediately submitted a power of attorney and participated in the court hearing later that day. The following day, the court granted the request for detention and the individual was transferred to the Guarded Centre for Foreigners in Białystok. ELIL maintained close contact, providing legal advice and explaining the situation in detail to ensure that the person understood their rights and the process ahead.
Over the next several days, ELIL continued to support the client as they sought to submit their asylum claim. On 22 May, the person confirmed that their application had finally been received and ELIL began preparing further evidence to strengthen the case. This included medical documentation, photos and a detailed account of the individual’s past activities and risks. Simultaneously, ELIL submitted an appeal against the detention order and shared a comprehensive update with the ECHR, including both medical and legal developments.
The following week, the Polish court extended the individual’s detention by an additional three months. ELIL prepared and filed a second appeal while continuing communication with both the court and the authorities. Meanwhile, the ECtHR lifted the interim measure on 6 June, determining that there was no longer a need for its continuation since the person was now within the asylum procedure. ELIL responded formally to the Court, outlining the legal and factual developments that had taken place and emphasizing the ongoing importance of monitoring such cases, even after interim measures are lifted.
Throughout this process, ELIL remained the client’s primary point of legal support, responding to questions, explaining procedures and ensuring that new information, such as recent threats or evidence of persecution, was promptly submitted to the authorities. When concerns were raised about visits from consular representatives, ELIL followed up with the detention centre and kept the individual informed of next steps.
This case illustrates the complexity and urgency of ELIL’s legal work at the Poland-Belarus border. It reflects a broader pattern: individuals who are severely traumatised and in urgent need of protection are being placed into detention, denied immediate access to asylum procedures and left in legal uncertainty for weeks or months. ELIL’s intervention helped to safeguard access to international protection, challenge unlawful detention and hold authorities accountable to European human rights standards. The case remains ongoing, but ELIL’s involvement has ensured that the individual’s rights are being defended at every stage of the process.
