5 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN POLAND
INTRODUCING THE INTERVIEWEES
Mr B is an orphan from Rwanda. His parents,
both Rwandan nationals, were killed when
he was a child and he has never had any
identity documents. Without any knowledge
about his origins and exact place of birth, he
moved to Tanzania and then to Europe.
Finally he came to Poland. The lack of
identity documents led to his detention,
following which he applied for asylum. With
no travel documents and having had his
asylum claim rejected, the Court
subsequently prolonged his detention in the
Guarded Centre (a closed immigration
detention facility) with a view to deportation.
As his identity was not confirmed he spent
the maximum period of 12 months in
detention.
Mr C is a middle-aged man from Pakistan born
to Pakistani parents. He lived his whole life
believing that he was Pakistani, however after
he came to Europe his passport was destroyed
and he was placed in detention while the
authorities attempted to confirm his identity.
Due to the fact that his asylum claim was
rejected while being in the guarded centre, he
spent the maximum period of 12 months in
detention as the state attempted to remove
him. However, no travel document was issued
to him within one year by the Pakistani
Diplomatic Post and he was finally released
from the Guarded Centre.
Mr G is a foundling from Kyrgyzstan who
never knew his parents and was not
documented. After he turned 18, he
travelled all over Europe and five years ago
decided to stay permanently in Poland. He
was apprehended by border guards for
possessing a false travel document and was
detained. However, as a result of the Court
proceedings he was allowed to establish his
identity by way of a declaration, and he was
able to obtain a Polish birth certificate. After
this, the authorities initiated return
proceedings against him, and the courts
applied alternatives to detention for his case.
Mr. G. has been in a marital relationship with
a foreigner living in Poland, but he has not
been able to get a civil marriage license. He
also has no right to work and no access to
medical care. Mr. G suffers from terminal
cancer.
Mr I was born in the mid-1960s in Winnica in
what was then the USSR and is now Ukraine.
He arrived in Poland on his USSR passport,
legally, where he remained. In 2011 he applied
for permission to stay under the Amnesty Act
but was refused, as he had lost his passport the only document that could confirm his
identity. He tried to confirm his citizenship
then but the Ukrainian authorities refused to
recognise him as a Ukrainian citizen. The
Russian Federation also declined to readmit
him. Mr. I was therefore left in a legal limbo in
Poland for another two years. With the
support of his lawyer, he applied for refugee
status in 2014. The biggest fear for him, before
he filed his asylum application, was being
placed in detention. Nevertheless although he
was initially detained while filing the
application, Polish Border Guards decided to
apply alternatives to detention.