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What happened to the Hajnówka Five?
Five volunteers stood trial in Hajnówka over assistance to migrants who had crossed irregularly from Belarus into Poland. The case concerned aid provided in 2022. The defendants were accused; the accusation was not a finding that helping migrants was criminal.
The prosecution charged them with assisting foreigners’ unlawful stay, an offence carrying a possible maximum sentence of five years, according to Amnesty International. A contemporaneous monitoring report says prosecutors relied on Article 264a §1 and argued that the migrants’ personal benefit met the law’s benefit requirement. That describes the prosecution’s theory, not a judicial finding that humanitarian assistance satisfied the offence.
Key dates and final outcome
- January 2025: The trial began.
- 8 September 2025: The District Court in Bielsk Podlaski’s Hajnówka criminal division acquitted all five in case VII K 120/24. The Białystok prosecutor’s office announced the verdict and said a request for written reasons had been filed. At that point, the request alone did not establish whether an appeal would follow.
- 16 March 2026: The prosecution withdrew its appeal after intervention by the Prosecutor General, according to Amnesty International.
- 20 March 2026: Amnesty reported that the acquittal was final.
Sources: Białystok Regional Prosecutor’s Office; Amnesty International Poland.
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Does this mean activists are still being prosecuted?
Not in the Hajnówka Five case: its acquittal is reported final. The available sources do not establish whether a different proceeding specifically targeting activists for humanitarian assistance was still pending as of 3 October 2026. Other forms of border advocacy or allegations of different conduct should not be treated as equivalent without case-specific information.
Human Rights Watch’s World Report 2025 described proceedings against the five as continuing during its reporting period and noted a September call by the Council of Europe Commissioner for Human Rights to drop the charges. That is historical reporting, not the case’s current status after the verdict and appeal withdrawal. Human Rights First described rights defenders providing legal advice, medical assistance and humanitarian support, but that account does not establish a current criminal prosecution against them.
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Sources: Human Rights Watch, World Report 2025: Poland; Human Rights First, Poland report.
How border and asylum policy fits—and what it does not prove
The prosecution unfolded amid disputes over Poland’s border practices, asylum access and humanitarian assistance. Amnesty’s 2025 statement described a March 2025 suspension of the right to submit international-protection applications at the Belarus border, alongside measures affecting aid delivery. Associated Press reported on 25 September 2026 that the asylum suspension remained in force and that Poland was urging the European Union to allow similar temporary suspensions during episodes of instrumentalized migration.
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Those policy developments are context, not evidence about the legality of the Hajnówka volunteers’ conduct or proof that other aid workers are currently being prosecuted. Sources: Amnesty International’s 2025 statement; Associated Press, 25 September 2026.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the case establishes
- Five volunteers were accused over assistance to migrants who had crossed irregularly from Belarus into Poland.
- All five were acquitted on 8 September 2025, and the acquittal became final after the appeal was withdrawn on 16 March 2026, as reported by Amnesty.
- The final outcome of this case does not resolve whether a separate aid-related prosecution remains pending.
For case background, see Amnesty International’s Poland country report, Polska Agencja Prasowa’s March 2025 update and We Are Monitoring’s September 2025 report.
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