The Syrian nationals were attempting to file an application for international protection at the Terespol border crossing since mid-July when they were turned away.

As nationals of war-torn Syria, they may reasonably be entitled to obtain international protection in Poland, but they have been refused entry to the country on four separate occasions.

The Strasbourg court admitted HFHR’s motion and issued Rule 39 measures, in which it ordered Polish authorities to cease returning the Syrian refugees to Belarus.

'Blatant' violation of law

Although the Border Guard had been notified of the court’s measures before the departure of a return train from Terespol, Poland, to Brest, Belarus, they disobeyed the measures and refused the Syrians entry to Poland, sending them back to Belarus.

"Once again, the Border Guard disregarded measures of the European Court of Human Rights, illegally returning refugees to Belarus," says Marta Górczyńska, the lawyer working for the Helsinki Foundation for Human Rights (HFHR) who drafted the Rule 39 application. "Notably, the court issues interim measures on extremely rare occasions and only in extraordinary cases, in which applicants are at risk of serious and irreparable harm. All that considered, the actions of the Border Guard not only blatantly violate the law and defy the court’s ruling, but also expose the foreigners to real danger."

The HFHR plans to file an application to the European Court of Human Rights to follow up the interim order in this case.