Have ABW employees come to your home? Know your rights.

If people in suits knock on your door and introduce themselves as ABW (Agencja Bezpieczeństwa Wewnętrznego - Polish Internal Security Agency) , it's important to understand: you have rights and you're not automatically obligated to agree to everything they offer. This guide will help you navigate this.

What is ABW and what powers does it have?

The ABW is a Polish intelligence agency with investigative powers. It can:

• conduct investigative actions,
• detain people,
• check documents,
• conduct searches,
• interrogate.

When ABW contacts you and invites you to " talk ," it may seem like you're obligated to attend. This isn't always the case.

The key difference: "informal conversation" or summons for questioning?

This is the most important thing to understand.

1. Informal conversation ("udzielenie pomocy" - "providing assistance")

• This is not necessary for the average person.
• You have the right to refuse without any legal consequences.
• You don't have to let agents into your apartment.
• You can say directly that you will not talk and will not transmit anything.

⚠️ Important catch: if you agree to such a " conversation ," it may be legally classified as voluntary assistance to ABW . Consequence: under Article 36 of the ABW Act, you have no right to tell anyone about the conversation or its content. This could be a serious problem if you decide to consult with a lawyer, friends, or a community.

2. Official summons for questioning as a witness

• Here you are obliged to appear and give evidence.
• But you have the right to come with a lawyer (pełnomocnikiem).
• The summons must be in writing and state the matter in which you are being summoned.

What to do if someone comes to you

Step 1 - Do not let anyone into the apartment without a court order.

Unless there is a court order for a search (nakaz przeszukania), you are not obliged to let anyone in.

Step 2 - Check the documents.

Ask to see their service ID. Write down their first name, last name, rank, and ID number.

Step 3 - Ask directly: is this an informal conversation or a formal call?

• If it's informal , politely decline . Say: "Nie będę rozmawiać. Proszę o oficjalne wezwanie na piśmie."
• If it is an official summons , ask to receive it in writing.

Step 4 - Request an official summons for questioning.

You have the right to bring a lawyer during questioning. If you don't have one, look for contacts of human rights organizations that help migrants.

Step 5 - Don't sign anything you don't understand.

If the documents are in Polish and you don't understand it, ask for a translator. It's your right.

" I refuse to testify " is your right.

Even during formal interrogation, you have rights:

• The right not to incriminate yourself (Article 183 § 1 of the Criminal Code). You may refuse to answer a question if the answer could harm you or your loved ones.
• The right not to testify against close relatives (spouse, parents, children, brothers, sisters).
• Right to a lawyer.
• The right to an interpreter if Polish is not your native language.

The wording that can be used is:

“Odmawiam składania wyjaśnień / odmawiam odpowiedzi na to pytanie.”
(I refuse to testify / I refuse to answer this question.)

This is not an admission of guilt. It is your legal right.

Safety Culture: What to Always Remember

These principles are particularly important for people from the Belarusian diaspora, given the experience of the security services and the potential vulnerability of the community:

1. Don't say too much.
The less information about you, your contacts, your movements, and your plans is publicly available, the better. This isn't paranoia, it's hygiene.

2. Don't speak for others.
Even if you think you know something about a friend or colleague, that information isn't yours. Let everyone decide for themselves what to share about themselves.

3. Separate your social circles.
Information you share in one circle may not necessarily be known in another.

4. Know who to trust.
Trust is built over years and through shared experience. New acquaintances who show too much interest in your activism or connections are cause for concern.

5. After contact with the security services, be sure to tell those you trust.
If the conversation was "informal" and you are formally prohibited from discussing it, remember that your safety and the safety of the community are more important than this formal prohibition. Consult a human rights lawyer.

6. Don't give in to emotional pressure.
Intelligence agency tactics often include creating a friendly atmosphere, promising to "resolve the matter amicably," threats, or hints about legalization issues. Remember, your goal is to leave the conversation with minimal harm, not to impress the agent.

7. If they try to recruit you, say “no” and talk about it.
A recruitment attempt is neither a compliment nor an opportunity. It's a trap.

Who to turn to for help

If someone comes to you or calls you, don't be left alone. Below are verified human rights and legal organizations in Poland that work with migrants:

Stowarzyszenie Interwencji Prawnej (SIP)
One of the largest organizations in Poland providing free legal assistance to migrants, refugees, and foreigners. Russian-speaking lawyers are available.
🔗 https://interwencjaprawna.pl
📧 [email protected]
📞 +48 880 254 357

Helsinki Fundacja Praw Człowieka (HFPC)
The oldest human rights organization in Poland. Specializes in human rights, including the rights of foreigners and protection against abuse by law enforcement agencies.
🔗 https://hfhr.pl
📧 [email protected]
📞 +48 22 556 44 40

Fundacja Ocalenie
Support for migrants and refugees, including legal consultations, psychological assistance, and integration programs.
🔗 https://ocalenie.org.pl
📧 [email protected]
📞 +48 22 828 50 54 (Warsaw center)

Centrum Pomocy Prawnej im. Haliny Nieć (CPPHN)
Legal assistance for foreigners, refugees, and stateless persons. Specializing in asylum, deportation, and detention cases.
🔗 https://pomocprawna.org
📧 [email protected]
📞 +48 12 633 72 23

Stowarzyszenie Nomada
Assistance to migrants and refugees, particularly in the Lower Silesia region. Legal consultations, anti-discrimination interventions.
🔗 https://nomada.info.pl
📧 [email protected]

Grupa Granica
A coalition of organizations providing assistance at the Polish-Belarusian border, including legal support in cases involving detentions by border guards.
🔗 https://grupagranica.pl
📧 [email protected]

Useful phrases in Polish

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