A Polish Army soldier has been charged after accidentally shooting a Syrian migrant during a pursuit near the Belarusian border in November 2023.
The incident occurred near Topiło in the Białowieża Forest, where a group of migrants illegally crossing the border failed to comply with orders from Polish troops. During the chase, Second Lieutenant Ł. fell, and his weapon discharged, striking a 22-year-old Syrian man in the spine.
The man, who had been granted international protection and was residing in Poland, required urgent medical treatment. He was first taken to a hospital in Hajnówka and later transferred to Białystok for surgery, where the bullet was removed. Two days later, his legal representative filed a complaint with the District Prosecutor’s Office, seeking compensation.
Lt. Ł. was operating under orders from the 1st Warsaw Armoured Brigade in support of the Border Guard. Witness testimony and body-camera footage show that he fired warning shots and repeatedly ordered the group to stop in both Polish and English before the incident occurred.
Ballistic analysis found that three shots were fired in total, including the uncontrolled discharge caused by the fall. Experts concluded that the weapon used had design flaws and was susceptible to accidental firing under dynamic conditions.
Despite these findings, prosecutors brought charges under Article 354(1) of the Polish Criminal Code, which concerns negligent handling of firearms and carries a maximum sentence of three years in prison.
The case has sparked outrage among Polish soldiers and opposition politicians. Former defence minister Mariusz Błaszczak described the prosecution as “an act of state treason” by Donald Tusk’s government.
“A Polish Army soldier, acting on orders during the pursuit of illegal migrants under real threat, committed no crime,” Błaszczak wrote on X. “This is clear from expert opinions, documents, recordings, and witness testimony. And yet a politicised prosecutor’s office, illegally taken over by Tusk, is bringing criminal charges against him.”
“Donald Tusk has repeatedly said he stands behind the Polish uniform. Those were empty words,” he added. “This is not how you build state security. This is how you break the backbone of the army.”
Soldiers from Lt. Ł.’s brigade also warned of wider consequences. One serviceman said the case could discourage decisive action in future operations.
“If a soldier is punished for fulfilling his oath, he starts to ask whether it was worth it,” he said. “Faced with possible prosecution, will he act instinctively as trained—or hesitate to use his tools of work when a real armed conflict begins?”
