Deputy RPO Stanisław Trociuk demanded the abolition of the Lublin ban on photographing areas behind the border line, which has been in force since 2010 under the threat of 500 PLN fine. The Lublin Provincial Office examines the application together with Border Guard. The dispute concerns the fundamental principle: Poland's safety must be protected effectively, but restrictions on citizens' freedoms must have a strong statutory basis.
The Ombudsman points to the Constitution
Deputy Ombudsman Stanisław Trociuk asked the Lublin voivode Krzysztof Komorski to repeal the order rules applicable in the border road and border zone. It is simply a 2010 regulation which prohibits the photographing and filming of areas outside the state border line. A fine of up to PLN 500 is punishable for violating the ban.
The RPC relies on Articles 54(1) and 31(3) of the Constitution. The first protects the freedom to get information and the second provides that restrictions on constitutional rights and freedoms can only be laid down in the Act. According to the voivode spokesman, it cannot extend the prohibitions by means of an act of local law, since the rules of preservation in the border road already govern the Act of 12 October 1990 on the protection of the state border.
Trociuk addressed a akin speech to the Warmia-Masurian voivode Radosław Król. The dispute does not so concern a single administrative decision, but a limit of competence of the state towards the citizen.
Office asks Border Guard
The Lublin Provincial Office did not repeal the rules. Voivod spokesperson Marcin Bubicz told PAP that the arguments of the RPO are analysed for formality and safety and border protection. The voivode besides requested a position with the Chief of the Nadbuzhian Border defender Branch in Chełma.
The Border defender stressed the importance of current regulations for the performance of its statutory tasks. She besides warned that repealing the Regulation could impede the enforcement of any of the obligations arising from global agreements binding Poland. That's an argument you can't underestimate. The east border remains the mark of hybrid force and designation conducted by enemy states. Attempts to illegally cross the border with Belarus inactive require a strong consequence from the services.
Security needs a good law
Border protection can't be weak. Poland has the right to make it hard to observe the posts, patrols, method installations and procedures of the service. Not all tourist with a camera is simply a spy, but reckless publication of delicate material can aid people working against the state.
However, it is equally dangerous to build safety on a recipe that may exceed the competence of the voivodes. If a ban is indeed necessary, the government and parliament should put it in the bill in a precise manner: specify the area, duration, exceptions and labelling rules. A citizen must know what he is not allowed to photograph and why.
The Polish-Belarusian border is present 1 of the most serious sections of national security. That is why the law should be immune to questioning in court. An ad hoc regulation cannot replace the liability of the legislator. A strong state does not choose between freedom and security. It creates clear rules that defend both.
Sources: Polish Radio Lublin; Ombudsman's Office; Polish Press Agency.
Source: Polish Radio Lublin
