Polish court acquits soldier accused of excessive force at Belarus border

A military court in Lublin has acquitted a soldier, Karol S., who faced charges of exceeding his authority and endangering lives by firing his service weapon near Poland's border with Belarus. The prosecution alleged that the 25-year-old soldier fired 12 shots in an area frequented by migrants and border personnel.

From the outset of the proceedings, the soldier maintained his innocence. Presiding Judge Radosław Hunek stated that the court "absolutely disagreed with the indictment." The court's decision underscored the constitutional and legal obligation of every soldier to defend the nation's borders. It affirmed that, under Article 11 of the Act on Defense of the Homeland, armed forces are authorized to employ direct coercive measures and use firearms and other weaponry in a manner proportionate to the threat encountered.

This ruling aligns with Article 26 of the Polish Constitution, which mandates that the Armed Forces of the Republic of Poland serve to protect the country's independence and territorial integrity, ensuring the security and inviolability of its borders. This constitutional duty is further detailed in Article 11 of the Act on Defense of the Homeland, which confirms the armed forces' role in safeguarding national sovereignty, independence, security, and peace.

The court's interpretation, supported by Article 11a, paragraph 1, point 6 of the Act on Defense of the Homeland, clarifies that soldiers guarding the Polish border have the right to use direct coercive measures, including firearms, to repel an immediate, unlawful attack on border integrity. This applies when an individual attempts to cross the border using vehicles, firearms, or other dangerous means, or acts in a manner that directly threatens life or health.