State violence at European borders. Eastern perspective

• In Event: Plenary 3 - Saturday - Voices from Central and Southern Europe

Abstract

Violence at the European borders is not a recent phenomenon; rather, it has been extensively studied over the years. However, existing research has predominantly focused on southern borders and bordering practices within the EU's territory, such as stop and search missions, immigrant detention, and deportation procedures. The situation at the Eastern borders, on the other hand, has received limited attention.
This paper aims to address this research gap by delving into the practices of segregation at the border (Kalir 2019) that lead to various forms of violence deployed at Eastern borders—primarily those of Poland, with reference to Hungary and the Baltic states as well. These forms of violence are directed towards people of colour (Klaus and Szulecka 2022). Starting around mid-2021, Poland has experienced an increased influx of individuals seeking international protection, attempting to cross the Polish-Belarusian border, often in unauthorized ways. The Polish authorities' response to this movement reflects the concept of Fortress Europe, resulting in the extensive use of violence in diverse manifestations. The violence primarily targets two distinct groups: firstly, asylum seekers stranded in the borderland forests; secondly, activists who have chosen to intervene and provide basic humanitarian and paramedical aid to those trapped there. State violence against these groups encompasses several dimensions:
1. Legal violence: Manifested in two ways. Firstly, the creation of new legislation attempts to legitimize illegal practices like pushbacks and the illegalisation of people on the move. Secondly, legal procedures, including lawsuits, are exploited to harass individuals, particularly activists.
2. Symbolic violence: This involves deploying a large military presence to protect the border region and constructing a fence intended to deter people from crossing (and people from helping) but it results in numerous severe injuries.
3. Physical violence: Asylum seekers are apprehended using force and coerced into illegal border crossings to Belarus—where they face additional physical and sexual violence from the Belarussian army. Furthermore, their medical conditions are disregarded. The outcome is a cycle of asylum seekers being pushed back and forth across the border.
4. Negligence-based violence: This form is characterized by the refusal to save the lives of individuals in the forests and leave them to death.
This paper seeks not only to elucidate similarities but also to emphasize the distinctive perspectives that the Eastern context offers. A primary differentiator is the fact that Poland (alongside Hungary) serves as an exemplar of a soft authoritarian state. Here, the full application of the rule of law principle is compromised, and legal safeguards remain tenuous. Consequently, the state is more inclined to employ varying forms of violence to achieve political objectives, and the cessation of such violence is inherently challenging.

Author

• Witold Klaus, Institute of Law Studies, Polish Academy of Sciences