Category: News

We are done with the second court proceeding in the trial of the Five, and we feel that it deserves a deeper analysis – if only due to bad acoustics in the courtroom, many subtle yet important exchanges may have escaped the assembled audience.

We are furious, because the line presented today by the prosecutor’s office clearly shows what we have been saying all along – that the trial of the Five is aimed at undermining public solidarity with those involved in providing aid on the Polish-Belarusian border and it attempts to equate them with people smugglers.

What happened today – step by step:

The hearing began with the consideration of a request by Ordo Iuris and the March for Independence Association to be admitted to the case as a social party. Both organizations were represented by a single lawyer – Bartosz Malewski, who argued that the profile of the activities of the two organizations (acting – in his opinion – in favor of human rights) justifies the important social interest in their joining the trial. The prosecution decided not to refer to this motion, and Five’s defense attorney Radoslaw Baszuk objected. The court decided to grant the motion, and from that moment on, Ordo Iuris and the March for Independence officially joined the case as a social party. [Note to readers who are not familiar with the Polish context – both those organisations are extremely conservative, if not to say straight-up fascist groups.]

The court then considered the prosecution’s motion, which demanded that the Five’s case file be returned to fill in “important evidentiary gaps”. The prosecution cited the existence of unspecified screenshots that would be relevant to the case. The court did not grant the request, justifying the decision with a lack of specific information about what evidence was to be supplemented, or which of the accused individuals it would concern. The return of the file can only take place if there are significant deficiencies in the proceedings. The court noted that it had analyzed the evidence and found no such deficiencies. It also reminded the prosecution that with the filing of an indictment, the scope of the proceedings and the subject of sentencing are defined. The analysis of the indictment, according to the court, leaves no doubt that it is possible to decide the case based on the evidence already gathered.

The prosecution responded to this decision with a new evidentiary motion – an impressive-looking volume of documents at least five centimeters thick, rather like the typescript of a solid work of fiction, and – as we suspect – closer to this kind of writing content-wise. However, the reasoning behind the request could not escape our attention, as it clearly indicates the line taken by the prosecution. It requests the inclusion in the file of materials secured on the cell phone seized by officers. “From the memory of this phone, screenshots of messages and voice recordings relating to the migration were recovered,” – argued the prosecutor. According to the prosecutor, the conversations concern organizing illegal border crossings for money. What’s more, the prosecutor went several steps further, suggesting that aid workers on the border with Belarus are using the funds raised for humanitarian aid not only to organize illegal border crossings, but even to finance human trafficking. The absurdity of this justification is that it does not specify who conducted these conversations or what connection (if any) they have to the defendants and the events of March 22 of 2022.

This was brought to the attention of judge Rodakowski himself, who asked for clarification as to what connection the presented ‘fiction’ has with this particular case concerning the events of March 22 of 2022, and what the accused have to do with it. The court asked the prosecution for a clear position – whether it intends to change the description of the act and request a change in the legal qualification of the charges. Such loose suggestions are not binding in the court, especially since – unless the prosecution decides to formally revisit the charges under Article 264 of the Criminal Code on the organization of illegal border crossing – the evidence brought today should not and will not be taken into account. The court has given the prosecutor’s office 14 days to supplement the grounds for the motion and to show that the documents submitted have any connection to the Five’s case.

This series of requests was followed by witness hearings. Two Border Guard officers and three Podlasie residents were questioned. The prosecutor continued with the request to question more witnesses, including refugees who received assistance from the Five.

The next hearing will take place on May 14. The court has announced that it is likely to close the court’s proceedings at that time and that final speeches will be held.

A large group of people supporting the Five gathered outside the court building in Bialystok. To each and every one of you we appeal – do not stop supporting the repressed, do not be fooled by the general slogans of the prosecution, trying to make criminals out of five ordinary people guided by the reflex of humanity. Just as you were with the Five in January and today – so be with them on May 14.

Helping is not illegal.

Join us for a solidarity demonstration on the day of the second trial of the Five!

📅 April 15, 2025
⏰ 9:30am (trial starts at 10:30am)
📍 District Court in BIAŁYSTOK (103 Mickiewicza Street)

The court has set a date for the second hearing in the case of five people accused of providing aid at the Polish-Belarusian border. The trial is pending before the District Court in Hajnówka, but due to great interest of the media and supporters of the Five, the hearing was moved to Bialystok!

During the first hearing, on January 28, 2025, the court heard statements from the four defendants – Asia, Kamila, Ewa and Mariusz. None of them admitted guilt. The prosecution requested that the trial be conducted in closed session, and the court partially granted this request, which meant that at some points the public and media had to leave the room. We can expect a similar course this time as well.

On January 28, both in front of the court building and in its corridors, the Five were supported by an incredible group of people who came from all over Poland. The scale of solidarity and interest in the case surprised not only us, but also the judge. This is why we are seeing each other in Bialystok next time.

This trial is not only a trial of the Five – it is a test for all of us. Will humanitarian aid become a crime in Poland?

Follow the case, support the Five and – most importantly – keep acting. Don’t give in to the chilling effect!

As before, you will be able to follow the “almost live” coverage on Szpila’s mastodon: https://mastodon.social/@szpila

Position of the Board of Directors of Helsinki Foundation for Human Rights and Szpila Collective in connection with the announcement of the District Prosecutor’s Office regarding the case of the five accused of humanitarian aid.

On January 30, 2025, the Bialystok Regional Prosecutor’s Office published a communiqué regarding criminal charges against five people who provided humanitarian aid on the Polish-Belarusian border. In its position statement, the prosecutor’s office suggests that media coverage of the case lacked an “unbiased citation of facts.” Meanwhile, it is the content and presentation of information in the Prosecutor’s Office’s communiqué that raises serious questions, due to numerous inaccuracies and manipulations.

We oppose attempts to link this case to people smuggling. Initially, the four defendants were charged with organizing unlawful border crossing (Article 264 § 3 of the Penal Code), but the prosecutor’s office withdrew this qualification and charged them only with “facilitating an illegal stay in the territory of the Republic of Poland” (Article 264a of the Penal Code). It was not shown that the defendants received any financial or personal benefit. Thus, even the prosecutor’s office concluded that they acted gratuitously.

In its announcement, the prosecutor’s office blurs the line between organizing illegal border crossing and the activities for which the defendants are responsible. As a reminder – the Five stood trial for providing food, clothing, shelter, rest and transporting members of a migrant family for a short distance near the border. The prosecutor’s office cites statistics to suggest that the case is part of a broader phenomenon, but data obtained by the anti-repression team from the Bielsk Podlaski District Court,  through a public information request, shows otherwise. According to the data, between 2021 and 2024, only five people were convicted of facilitating illegal stay (Article 264a of the Criminal Code) – and all of them acted for financial gain. The conclusions are obvious – this case does not fit the pattern the prosecution is trying to impose on it.

We strongly protest against the actions of Bialystok District Prosecutor’s Office, which we perceive as an attempt to create a chilling effect – to discourage others from providing humanitarian aid. In this context we also assess the request for exclusion of the public from the trial filed by the Prosecutor’s Office and we perceive it as an attempt to close our mouths and the possibility of responding to manipulations by depriving us of the chance to refer to facts and evidence.

Helsinki Foundation for Human Rights and Szpila Collective will continue to provide legal support to those who experience repression for providing humanitarian aid.

Helping is legal. No human being is illegal. It is the pushbacks that are illegal.

Szpila Collective and the Board of Directors of Helsinki Foundation for Human Rights

Let’s be together on 28.01.2025 at 10:30 am in front of the district court in Hajnówka to show support for the five people accused of providing humanitarian aid in Podlasie! We invite all people to the solidarity demonstration!

The gathering is registered. This is a demonstration showing support not only for the Five, who will sit on the defendant’s bench that day, but also for all residents of Podlasie and all those who have come to the border area to support the region in bringing aid to people on the move in the forests.

Trial of the Five begins: will providing aid become a crime?

Five people will stand trial for providing aid to refugees on the Polish-Belarusian border. The trial, which begins January 28 in Hajnówka, could have far-reaching consequences for the future of humanitarian efforts in Poland. Humanitarian organizations and individuals oppose the criminalization of aid and announce their support for the defendants.The trial involves five people who are accused for providing humanitarian aid to an Iraqi family with seven children and an Egyptian citizen. The charges? Absurd – helping the refugees was described as acting for their “personal benefit” by providing food and clothing and transporting them “deep into the country,” which in practice meant taking them from the forest to the nearest town. The Five now face up to five years in prison for this gesture. Szpila Collective and Helsinki Foundation for Human Rights, which jointly coordinate the provision of legal assistance to humanitarian workers and volunteers operating at the border, alert that the case of the Five is not the only example of attempts to criminalize humanitarian aid in Podlasie. Repression can take many forms: misdemeanor cases, hours-long inspections, abuses of power by officers-including the use of physical and psychological violence against both refugees and those helping them.

A verdict that will set the stage

The verdict in the Five’s case may set the course for the future of humanitarian aid in Poland, shaping not only judicial practice, but also public perception of solidarity efforts. Although formally Poland does not have a law of precedent, rulings in such cases can set a benchmark for future proceedings and, above all, discourage individuals and organizations from getting involved in helping refugees for fear of legal reprisals. The chilling effect could affect those who are already helping, as well as those who are just planning to get involved. A conviction could reinforce the authorities’ rhetoric, which – both under rule of the United Right and now – portrays helping refugees as a threat to public order, instead of treating it as an act of humanitarian responsibility. It’s also a warning to society as a whole – a signal that providing support to those in need can carry serious legal consequences.

The Five won’t be alone – solidarity is flowing from all over Poland. Since the announcement of the indictment, expressions of support for the Five have been coming from all over Poland, as well as from abroad. Social organizations, activist groups, artists and academics are voicing their opposition to the criminalization of humanitarian aid, fighting to ensure that solidarity is not treated as a crime, but as a basic social duty.

Providing aid is not a crime, but an expression of humanity.

January 28, 2025, 10:30 am
District Court – Hajnówka

Five people will stand trial for providing aid to refugees on the Polish-Belarusian border. The trial, which begins January 28 in Hajnówka, could have far-reaching consequences for the future of humanitarian efforts in Poland. Humanitarian organizations and individuals are voicing opposition to the criminalization of aid and announcing support for the defendants.

The trial of the Five, for providing humanitarian aid to an Iraqi family with seven children and an Egyptian citizen will begin in Hajnówka at 11:30am on January 28, 2025. The charges? Absurd – helping the refugees was described as acting for their “personal benefit” by providing food and clothing and transporting them “deep into the country,” which in practice meant taking them from the forest to the nearest town. The Five now face up to five years in prison for this gesture.

Szpila Collective and Helsinki Foundation for Human Rights, which jointly coordinate the provision of legal assistance to humanitarian workers and volunteers operating at the border, alert that the case of the Five is not the only example of attempts to criminalize humanitarian aid in Podlasie. Repression can take many forms: misdemeanor cases, hours-long inspections, abuses of power by officers – including the use of physical and psychological violence against both refugees and aid workers. A report analyzing repression and examples of criminalization of humanitarian aid, prepared by the two organizations, will be published soon.

A verdict that will set the stage

The verdict in the Five’s case may have far-reaching consequences for the future of humanitarian aid in Poland, shaping not only judicial practice, but also public perception of solidarity efforts. Although formally Poland does not have a law of precedent, rulings in such cases can set a benchmark for future proceedings and, above all, discourage individuals and organizations from getting involved in helping refugees for fear of legal reprisals. The chilling effect could impact both those who are already helping and those who are just planning to get involved.

A conviction could reinforce the authorities’ rhetoric, which – both under the rule of the United Right and now – portrays helping refugees as a threat to public order, rather than treating it as an act of humanitarian responsibility. It’s also a warning to society as a whole – a signal that providing support to those in need can come with serious legal consequences. “This is a case that goes beyond the fate of five people – it’s a question of what role mutual aid and solidarity will play in Poland in the face of contemporary crises,” comments Aleksandra Ziemiańska from Szpila Collective. – “Rather than fostering solidarity and social responsibility, the conviction in the Five’s case may normalize the perception of aid as a potentially criminal and dangerous activity. This would be a very bad sign for us as a society.”

The Five will not walk alone – solidarity is flowing from all over Poland

Since the indictment was announced, expressions of support for the Five have been flowing from all over Poland, as well as from abroad. Social organizations, activist groups, artists and people from the world of science are expressing their opposition to the criminalization of humanitarian aid, fighting for solidarity not to be treated as a crime, but as a basic social duty.

As a sign of support, more initiatives are being created. One of them is the solidarity tour of the play “The Little Doctor is Back,” directed by Joanna Troc, which begins on January 16 in Warsaw – a dozen days before the first trial of the Five. The mono-drama, inspired by the true story of Dr. Arsalan Azzaddin, is combined with discussions with the participation of the defendants, Szpila collective and the show’s creator. These meetings become a space not only to express support, but also to gain a deeper understanding of all the consequences of repression – economic, social or emotional – and to learn about the motivations of humanitarian aid workers, even at the risk of legal consequences.

On January 28, before the start of the first hearing, a solidarity demonstration is planned in front of the court building in Hajnówka. This is an opportunity to express support for the defendants and remind them that providing help is not a crime, but an expression of humanity.
“The trial of the Five is more than just a court case. It’s a test of our solidarity as a society, “says Renata Chafaj, one of the people involved in the Five’s support group and co-organizer of the solidarity tour of the play ‘The Little Doctor is Back,’ and adds, ”Many people involved in bringing humanitarian aid to the border pledge to participate in the solidarity demonstration in front of the court building and to enter the courtroom. We want to follow the development of this process with our own eyes, because we feel it affects us all.”

“Solidarity doesn’t end with gestures,” concludes Ziemiańska. – “Many people emphasize that the trial of the Five is a call for further action on behalf of those who suffer at the border. Action despite attempts at intimidation and criminalization. Repression goes further than this one case, and by standing behind the Five today we are giving a promise that every repressed person will never walk alone.”

First hearing of the Five – 28.01.2025, 11:30am
District Court in Bielsk Podlaski, Subdivision in Hajnówka,
87 Warszawska Street, Hajnówka
Case number: VII K 120/24