Poland: Penalties for illegal departure from Poland
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 November 1989 |
| Citation / Document Symbol | POL2748 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Poland: Penalties for illegal departure from Poland, 1 November 1989, POL2748, available at: https://www.refworld.org/docid/3ae6ac1f5b.html [accessed 18 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Please find attached a copy of a report from the Department of External Affairs which provides information on changes made to the Polish travel laws in January 1989. The last page of the telex is particularly important as it notes that contrary to what is stated in the main body of the telex, illegal departure from Poland is punishable with five (5) years in prison according to Article 288 of the Polish Penal Code. No information is available to the IRBDC regarding the current application of these laws, however, despite an extensive search.
In July 1987, the government relaxed its strict control over passport, emigration and family reunification procedures. The refusal rate for issuing travel visas and passports declined from 6 percent in 1985, to 4.6 percent in 1986, and to 2.4 percent in 1987. [ Roman Debecki, "Paszport w Szufladi," Glos Robotniczy, 19 February 1988.] According to a November 1988 report from Radio Warsaw, Poles residing abroad are able to extend the validity of their passports to ten years and an amnesty was declared for most holding lapsed passports who would like to return to Poland. [ Radio Warsaw, 12 November 1988.] This source also indicates that the government had decided not to prosecute those who extend the duration of their trips to the West. [ Ibid.]
Recently, a Polish sailor was denied refugee status in the United States. The immigration judge stated that the claimant would not be in danger under the Solidarity-led government currently in power. [ "Polish sailor denied asylum by U.s. judge," The Ottawa Citizen, 21 October 1989, p. A13.] The IRBDC has no specific information on the treatment of those returned to Poland. Meanwhile, according to information from the Department of External Affairs, there is no longer any penalty for overstaying an exit permit. [ Information received from the Department of External Affairs, 23 October 1989.]
While a number of liberalizations have taken place in the last 7 months, a source within the Department of External Affairs indicates that reforms are much slower in being implemented at the local level due to officials still loyal to conservative Communist Party members. According to this source, it is conceivable that at the local level, even Solidarity members face occasional harassment and brief periods of detention. [ Information provided during briefing of employees of the IRB, by a diplomat of the Department of External Affairs, Montréal, 22 September 1989.] It is not clear to what extent the aforementioned this situation would have an impact upon someone alleged to have violated travel regulations.
