Shots fired at Belarus border: Court acquits soldier, prosecution seeks conviction

A Polish soldier, Karol S., has been acquitted by a military court of charges related to exceeding his authority and endangering lives during an incident at the border with Belarus. The Military Garrison Court in Lublin ruled in late May that the soldier did not violate any authority and was performing his duties in defense of the homeland.

However, the District Prosecutor's Office in Warsaw, which led the investigation, has appealed the non-final verdict, seeking a conviction. "The appeal has been accepted and forwarded for consideration to the Military District Court in Warsaw," announced prosecutor Piotr Skiba. The defense attorney for the accused, Edyta Skwira, described the appeal as a "polemic by the prosecution with the findings and verdict of the court."

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The appeal has been accepted and forwarded for consideration to the Military District Court in Warsaw.

During the initial ruling, Judge Radosław Hunek explained that soldiers deployed at the border have the right to use direct coercion, including firearms, in response to threats, as per the Law on the Defense of the Fatherland. The court found that the 12 shots fired by Karol S. were not aimed at individuals. Instead, they were fired along the border road towards a group of migrants, border guards, and soldiers who were attempting to cross the border.

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The appeal is a polemic by the prosecution with the findings and verdict of the court.

According to the indictment, on March 25, 2024, migrants illegally crossed the border near Dubicze Czerwieńskie, using a car jack to bend a steel barrier and carrying ladders to overcome a concertina wire obstacle. The prosecution stated that Karol S. fired 12 shots from his service weapon as the group approached. Three bullets ricocheted, and the remaining nine passed by the group as they retreated to Belarus, throwing branches and stones at the Polish forces, who responded with tear gas.

The court noted that the formally injured border guards and soldiers stated they did not feel threatened and did not seek the prosecution of the accused. The defense maintains that the soldier acted appropriately given the circumstances, while the prosecution believes his actions warranted a conviction.

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The soldier performed his task in accordance with his duties.