An investigation into a Border Guard officer who used her privately-owned blank gun near a group of activists obstructing operations at the Belarusian border is to be reopened — a local court has ruled, overturning an earlier decision to discontinue the case. The court upheld complaints filed by individuals claiming victim status in the matter.
The incident occurred on November 9, 2023, near the town of Hajnówka. According to activists present in the border forest, a shot was fired in their vicinity. One activist alleged that a female officer discharged a weapon approximately ten meters away without giving any warning such as “Stop or I’ll shoot.” Authorities later determined that no laws had been broken.
Court Reinstates Case Against Border Guard Officer
The District Prosecutor’s Office in Białystok had concluded that the weapon’s use did not constitute a criminal offense and decided to drop the case in July of last year. That ruling, however, was not final and was appealed. Jurisdiction fell to the court in Hajnówka, which has now overturned the decision and ordered prosecutors to resume the investigation. The court’s detailed reasoning has not yet been released, including which specific steps it believes the prosecution should now take.
No Evidence of Misconduct, Says Border Guard
Border Guard press services clarified that the patrol in question did not fire service weapons at the activists. The activists had appeared in an area under covert surveillance for individuals suspected of illegally crossing into Poland from Belarus. Officials confirmed that all live ammunition used by the patrol was accounted for at the local police station in Hajnówka, and noted that blank-firing guns are not part of the Border Guard’s standard equipment.
The investigation initially sought to determine whether the officer had overstepped her authority by discharging the weapon without justification, thereby endangering the lives or health of those nearby. The blank gun used was privately owned and, under Polish law, did not require a license. Experts were called in during the initial inquiry to assess the use of such firearms.
After reviewing the evidence, investigators concluded that the officer had not intentionally exceeded her authority or acted against public interest. There are no provisions in Border Guard regulations that prohibit carrying or using such signal or alarm guns while on duty. Based on this, the investigation was discontinued — but not definitively, as the recent court ruling now compels its continuation.