Polish Activists Who Helped Smuggle Illegal Immigrants to Western Europe Acquitted

The District Court in Bielsk Podlaski acquitted today the so-called ‘Hajnówka five’ (although only one of the accused actually comes from and resides in the border area). According to the Court, the activists indeed assisted illegal immigrants in staying within the territory of Poland, but they did not gain any financial or personal benefits from it. The court determined that the material or personal benefit in this case must be accrued to the perpetrator of the crime, rather than to its beneficiary, namely the foreigners, as was the case here.

This constitutes a departure from previous Polish jurisprudence. According to a longstanding doctrine of the law in Poland, the material or personal benefit was not only a benefit for oneself but also for someone else. The perpetrator was thus considered to act in order to achieve such a benefit even when they themselves did not derive any real profit, but their endeavor included appropriating benefits for another person. Such a situation may involve a perpetrator helping a foreigner, motivated by friendship.

The prosecution will likely file an appeal in this case.

The trial took place before the District Court in the town of Bielsk Podlaski, with the hearings taking place in the nearby city of Białystok – due to high media interest. The so-called ‘Hajnówka Five’ were accused of violating Article 264a § 1 of the Criminal Code, which is facilitating the illegal stay of foreigners in Poland. The penalty provided by law for this type of act ranges from 3 months to 5 years of imprisonment.

During the proceedings, the defense attorney for the accused tried to demonstrate that the actions taken by the activists were purely humanitarian in nature. However, a different view was presented by Ordo Iuris and the Independence March Association in the position submitted to the court. They indicated that the evidence gathered by the prosecution – including encrypted communication, vehicle modifications, preparing places of stay, and attempts to avoid Border Guard patrols – suggests that it was likely about smuggling citizens of Iraq and Egypt towards Western Europe.

From the official announcement of the District Prosecutor’s Office in Białystok on May 13, 2025, it appears that the prosecutor’s office has evidence indicating that contacts to individuals previously convicted of aiding in organizing smuggling were found in the phone of one of the accused, as well as text messages that attest to the accused’s involvement in organizing illegal border crossings, including those that indicate her moment of joining a group with other organizers of illegal border crossings, concerning the determination of the best routes to Western Europe for migrants, determining the amount of fees for illegal border crossings, instructing migrants, and manipulating facts about their situation, creating so-called temporary facilities from which migrants were then to be transported to Western Europe, the accused’s establishment of contact with so-called ’couriers’, and her influence on their actions, organizing the transport of migrants to Western European countries. Among other reasons, this is why the prosecution, during the course of the trial, supplemented the evidence and requested a change in the charge from aiding in the illegal stay of foreigners in the territory of Poland (art. 264a § 1 of the Criminal Code) to organizing illegal border crossing (art. 264 § 3 of the Criminal Code). However, the court did not agree to the above requests.

As indicated in the joint position of Ordo Iuris and the Independence March Association, describing such actions as humanitarian aid is an attempt to manipulate public opinion. In their opinion, this is intended to exert pressure on the court and undermine trust in the actions of the Border Guard. Both organizations also pointed to the broader context of the crisis on the border with Belarus, which is part of a hybrid war aimed at destabilizing Poland.

In the course of the case, media information also emerged, suggesting that, among others, Klementyna Suchanow, a co-founder of the far-left, pro-abortion All-Poland Women’s Strike, was involved in the scheme. She was to correspond on the subject of migrant transport, and one of the places providing them shelter was to be the headquarters of the Obywatele RP movement, which was very active in protesting against the previous Polish government, which built the barrier on Poland’s eastern border.

Source of cover photo: Adobe Stock