Since 2021, Poland has been dealing with a humanitarian and migration crisis along its border with Belarus. The situation has put immense pressure on the country’s immigration policies and sparked a heated debate about the role of volunteers and aid workers in assisting refugees. A criminal trial beginning in the town of Hajnówka, located in eastern Poland, highlights the clash between human compassion and the enforcement of strict immigration laws. The five Polish defendants in this trial face up to five years in prison for providing humanitarian aid to refugees, including families with children. The question now is: Can helping people in dire need be considered a crime?

The trial has drawn attention not only in Poland but also internationally, as it raises important questions about the treatment of migrants and the rights of individuals to offer assistance to those in need. The case is part of a larger issue involving migration policies across Europe, where increasing legal measures are criminalizing acts of compassion and solidarity towards migrants. But how far should one go in following the law when human lives are at stake? And does helping refugees really constitute a crime? These are the issues being debated in the courtroom as the trial unfolds.

The Context of the Trial

The case centers around five Polish volunteers who provided aid to refugees stranded at the border between Poland and Belarus. The refugees, who had crossed into Poland from Belarus, were in desperate need of food, water, clothing, and medical assistance after being abandoned in the forest for days without help. The accused individuals are charged with helping these refugees, which prosecutors argue is a violation of immigration laws, specifically related to illegal border crossings. The charges they face could result in up to five years in prison.

The volunteers were not helping the refugees cross the border, but rather offering them humanitarian aid by providing food, shelter, and transport to the nearest town. Yet, despite their efforts to assist those in need, they now face criminal prosecution. According to the prosecutor’s office, their actions amount to organizing illegal border crossings, a serious offense under Polish law.

Humanitarian Aid or Criminal Activity?

One of the key points raised by the defense is the argument that providing humanitarian aid should not be considered a crime. In fact, some human rights advocates argue that helping refugees is a moral obligation, not a criminal act. "Helping is not illegal," declared Hanna Machińska, a human rights lawyer, during a regional meeting in December. "This is harassment," she said, referring to the prosecution of individuals who are only trying to help those in distress.

Among the accused is Ewa Natalia Moroz-Keczyńska, an ethnologist and educator who has deep roots in the Podlasie region, a border area with Belarus. Moroz-Keczyńska explains that she became involved in providing aid after seeing the urgent need of the refugees. "I couldn't pretend that I didn't know what was happening," she recalls. "They were shivering, hungry, often extremely scared people. Many of them are children, elderly, and women. Entire families." She saw her actions as a simple and ordinary response to human suffering, an instinctive reaction to help those in need.

Moroz-Keczyńska’s personal history is also a factor in her decision to help the refugees. Her ancestors were part of the "Bieżeństwo," a mass evacuation that took place during World War I, when many were displaced from their homes in the Podlasie region and forced to seek refuge in the Russian empire. This history of displacement has left a deep mark on the local community, and Moroz-Keczyńska sees helping the refugees as a continuation of this tradition of solidarity with those fleeing war and hardship.

The Moral Dilemma: Law vs. Compassion

The dilemma faced by Moroz-Keczyńska and the other accused volunteers is one that many people, including activists and humanitarians, grapple with today. On one hand, there is a duty to follow the law, but on the other, there is a moral imperative to help those in need. In this case, the law is being used to prosecute individuals who have acted out of compassion, while the refugees they helped have been subjected to harsh conditions, without access to basic necessities.

Moroz-Keczyńska’s belief that providing aid is a moral obligation is rooted in her upbringing. "My father was a doctor, from him I was taught that when another person needs help, you help them — this is as clear as day," she says. For her, helping the refugees was not just an act of kindness, but a continuation of her family’s values, passed down through generations. Her father’s teachings and the stories of her ancestors shaped her understanding of what it means to be human and compassionate, and she feels strongly that the law should not punish people for acting on these instincts.

Legal Consequences: A Sign of Growing Repression?

The trial in Hajnówka is not an isolated case. It is part of a larger trend in Poland and across Europe where governments are increasingly criminalizing humanitarian assistance for migrants. The tightening of migration policies has made it more difficult for aid organizations and volunteers to offer assistance to refugees without facing legal consequences. In many instances, humanitarian aid workers have been accused of facilitating illegal immigration, even though they are simply trying to alleviate suffering and save lives.

Activists fear that the outcome of the trial in Hajnówka could set a dangerous precedent, discouraging others from offering help to refugees for fear of legal repercussions. "This is a warning to the entire society," said one activist, "a signal that providing support to those in need may involve serious legal consequences." This fear has already been realized in other instances across Europe, where volunteers and aid workers have faced arrest, detention, and prosecution for attempting to rescue refugees stranded at sea or at border crossings.

Legal experts and human rights organizations argue that providing humanitarian assistance should not be treated as a criminal activity. Zbigniew Baszuk, the lawyer representing the accused, has argued that the case is about more than just providing food and clothing to those in need; it is about the broader question of whether it is acceptable for the state to criminalize acts of compassion. He contends that the court must decide whether aiding people at risk of hunger, cold, and injury is a crime or a moral duty.

A Broader European Issue: The Criminalization of Humanitarian Aid

The case in Poland is not unique. Across Europe, we are witnessing a troubling trend where governments are cracking down on volunteers and organizations providing aid to refugees. In some instances, activists have been charged with organizing illegal border crossings, while others have faced accusations of being part of criminal networks. For example, in Italy, rescue ship captains Carola Rackete and Pia Klemp faced legal charges for saving refugees from drowning in the Mediterranean. In Latvia, Ieva Raubiško was arrested for helping migrants, while in Belgium, several individuals have been prosecuted for providing humanitarian assistance to refugees.

These cases illustrate the growing concern among aid organizations that the law is being used as a tool to intimidate and silence those who provide assistance to refugees. The criminalization of humanitarian aid has raised alarm bells for human rights advocates, who see it as part of a broader effort to deter people from offering help and to justify increasingly harsh border control measures. As governments continue to prioritize border security over human rights, the legal landscape for volunteers and aid workers becomes more uncertain.

The Future of Humanitarian Aid: A Call for Change

The trial in Poland is just one example of the broader challenges faced by those who are trying to offer help to refugees and migrants. As Europe grapples with its migration crisis, it is important to remember that refugees are not just numbers or statistics—they are people with families, hopes, and dreams, just like anyone else. The treatment of refugees, and the legal implications of providing aid, should be a reflection of our shared humanity, not a tool for political gain or control.

In the face of rising hostility towards migrants, it is crucial that we stand up for the values of compassion, solidarity, and human dignity. Providing humanitarian aid should never be seen as a crime, but rather as an act of kindness and a moral responsibility. As the trial in Hajnówka progresses, it serves as a reminder that we must continue to fight for the rights of refugees and the individuals who risk their own freedom to help them. The legal system must recognize that helping those in need is not a crime, but a reflection of the best of what it means to be human.