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Criminalisation of solidarity. Whether activists who help forced migrants in the borderland can be penalised for their actions?

Klaus Witold


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{
  "publisher": "Institute of Law Studies Polish Academy of Sciences", 
  "DOI": "10.5281/zenodo.6595623", 
  "ISBN": "978-83-66300-68-2", 
  "container_title": "Beyond the law. Legal assessment of the Polish state's activities in response to the humanitarian crisis on the Polish-Belarusian border", 
  "title": "Criminalisation of solidarity. Whether activists who help forced migrants in the borderland can be penalised for their actions?", 
  "issued": {
    "date-parts": [
      [
        2022, 
        8, 
        30
      ]
    ]
  }, 
  "abstract": "<p>Since early August 2021, when the humanitarian crisis began to unfold on the Polish-Belarusian border, the&nbsp;key actors who provide real help to migrants in borderland forests are activists and local residents. The role&nbsp;of the latter cannot be overestimated, especially when they live and act in a state of emergency zone to which&nbsp;no one else has access. This assistance has been met with both great appreciation from one &ndash; large &ndash; part of&nbsp;society and with condemnation from another. Some of those who condemn it include public officials (both&nbsp;members of the Border Guard and other law enforcement agencies) who threaten activists rescuing people&nbsp;in border area with criminal prosecution. The two legal provisions that they most often refer to are: assistance&nbsp;in facilitating illegal stay in Poland (Art. 264a &sect; 1 of the Polish Criminal Code &ndash; hereafter PCC) and&nbsp;assistance in organising illegal border crossings (Art. 264a &sect; 2 PCC). In this analysis, I would like to discuss&nbsp;these regulations from the point of view of whether they permit punishment for granting humanitarian aid.</p>", 
  "author": [
    {
      "family": "Klaus Witold"
    }
  ], 
  "page": "30-32", 
  "publisher_place": "Warsaw", 
  "type": "chapter", 
  "id": "6595623"
}
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