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Poland: New guidelines on use of firearms threaten to undermine rule of regulation

ROMA – Forward of the second studying, scheduled for 11 July, of the brand new proposed regulation on firearms that might decriminalise their use by troopers, border guards and law enforcement officials in a variety of circumstances, the deputy regional director of Amnesty Worldwide for Europe, Dinushika Dissanayake, feedback that “these proposals set a harmful precedent. Based on worldwide regulation and requirements, the usage of pressure in opposition to people should be strictly needed and proportionate to the risk and is mostly prohibited besides in conditions the place there’s an imminent risk of demise or critical harm. Any try by the Polish authorities to undermine these rules can be illegal.”

The invoice. The proposals would exempt public officers from legal responsibility for carrying weapons in the event that they use them in self-defense or “preventatively” when the “life, well being and freedom” of regulation enforcement officers are threatened throughout an “illegal assault.” The pending regulation is available in response to the detention of three Polish troopers who, after firing dwell ammunition at folks crossing the border into Belarus, have been charged with abusing their powers and endangering the lives of others. On June 13, the Polish authorities additionally determined to reintroduce an exclusion zone alongside the border with Belarus, a portion of territory that nobody is allowed to enter: not the media, activists, or rights organizations.

Doubts in regards to the new guidelines. The conditions during which guards can be exempted from duty for the usage of firearms – feedback Amnesty – are extraordinarily broad and vaguely outlined. The notion of “preventive” self-defense will not be consistent with worldwide regulation on the usage of pressure and opens the door to a spread of abusive practices.

A humanitarian disaster is probably going. The reintroduction of the exclusion zone additionally will increase the chance of a humanitarian disaster as a result of these measures not solely deny folks entry to life-saving help and medical help, but in addition protect authorities from public scrutiny as a result of they’d create a kind of gray zone the place border guards and troopers, with out the scrutiny of the media and civil society, can act with impunity.

The political context. On June 26, the draft regulation on the actions of the armed forces, police and border guards within the occasion of a risk to state safety was submitted to the Polish parliament for the primary studying. The second studying of the regulation will happen on July 11.

The origins of the reply. The reintroduction of the “exclusion zone” got here in response to a rise within the variety of tried entry from Belarus into Poland and an incident that resulted within the demise of a border guard. Based on Polish authorities, the folks crossing the border are predominantly Afghans, Belarusians, Georgians, Indians, Russians, Turks, Syrians and Uzbeks. Below the brand new measures, the federal government can proceed to strengthen the border police by deploying army personnel and riot police, who’re outfitted with firearms, shields and tear gasoline. Comparable measures have been launched and prolonged a number of instances in 2021 and at last withdrawn in 2022.

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– 2024-07-11 07:08:29

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