ShaminderPuri

Warsaw 21st Dec 2011 In a surprise ruling the Polish District Court Judge Tyszka, acknowledged the Sikh claim that Border Guards have engaged in human right abuses when checking Sikhs passing through Polish airports, but ruled that this was within the law.

In a Court Case launched in September 2010, supported by the Helsinki Foundation for Human Rghts, Mr Shaminder Puri, a British Sikh, entered a claim of targeting and harassment of himself, as well as many other Sikhs that pass through the Polish airports. There were ten incidents in which Puri was targeted and harassed. Other Sikhs resident in Poland also documented their own harassment. Mr Charanjit Singh, a business man resident in Poland for over 12 years was also harassed and targeted on several occasions. After one such incident, Mr Singh, who has Singaporean nationality, lodged a complaint to the Singaporean Authorities, who took up the complaint with the Polish Ambassador there. However, there was no immediate change in the behaviour of the Polish Authorities.

In the Court Case brought by Mr Puri, CCTV evidence showed that he followed the routine and regular procedures used in all international airports in the world for the security checks. Despite there having been no alarm while passing through the scanners, he was repeatedly asked to remove his turban for a further provocative check. The Court was also provided with evidence that many attempts were made by the Sikh Community in Poland to engage with the Border Guard Authorities to agree on suitable arrangements. These attempts came to no positive outcome.

However with the significant lobbying to Polish Ambassadors in India & the UK, to the Under Secretaries of State and politicians in the Polish Parliament, there have been some positive outcomes. The procedures for security checks have been clarified in new Regulations which spell out when such intrusive checks can be made and that a demand to remove a turban can be made only as a last resort.

The Lawyers in the case acting for Mr Puri have submitted a request for a written clarification of the ruling of the Judge. . Once the written judgement has been obtained, there is a strong possibility of an appeal to a higher Court. This decision will be made within the next two weeks.

Meanwhile many concerned people have expressed their disappointment and surprise at the ruling made by the Judge. In a statement to the press Mr Puri has stated, “We still ask the Border Guard to be responsive to the calls made to adopt more sensitive approaches to security checks, especially in connection with religious and cultural issues. We will ofcourse appeal on the Court Ruling and will pursue the matter further.”

See story.................

http://www.prlog.org/11755410-polish-judge-rules-against-sikh-claims-of-border-guard-harassment-acknowledges-human-rights-abused.html

I would also like to give the Readers an update from the Court hearing on the 26th Oct.

The Judge viewed the CCTV footage of the five or so incidents in which I had been stopped by the Warsaw Airport Border Guards. The CCTV showed clearly that I followed all the usual steps in preparing to go through the Security check - ie hand over my lap top, briefcase, watch, Kara, belt, metallic objects, belts etc and placed them on the scanner. Then I walked through the walk through scanner - the Border Guards are seen stopping me (there is no sound recording - but I can say that the buzzer did not beep in most cases...). The Guards are seen asking me to accompany them to a separate cabin - I collect my belongings and accompany them to the Cabin - the Cabin does not have CCTV - in that place (rather a claustrophobic area) the Guards start to harass me demanding that I remove my turban... my protestations that they should first check me with the hand held held detector are not recorded, but the Guards ignore my requests .. and I am forced to remove my turban - else I would not be able to travel.

Having been treated in this way on four occasions, I decided to take a stand, and on the CCTV footage of the event, I am seen refusing to go into the booth, asking to be checked in the public area, and then if there is no alarm, to be allowed to continue on with my legitimate journey... The Guards are seen to be ignoring this request - the situation runs on for over 30mins and I miss my flight - but I continued to refuse to remove my turban without there being any evidence that it posed a threat.

The Judge did not make any comment on the 26th Oct - but has adjourned the Hearing till the 14th Dec. On that day a final CCTV footage of another, very serious escalation of the action by the Border Guards will be seen - when one of the Guards who was in Court previously to give evidence in the matter, and confirmed that he knew me, will be seen (in my view) conspiring with another Guard to pointedly harass me - which they did.

Here I would sincerely like to acknowledge the Sikhs Bhai's from the Warsaw Sikh Community who attended the Court to show support for the concern of all Sikhs in World and especially our Gyani ji. who also attended. All support that can be given to the Gurudwara in Warsaw would be most welcome.

As mentioned above, once this last CCTV has been seen - I will be asked to give my full evidence, which I will do.

Sat Sri Akal

Wahe Guru ka Khalsa Wahe Guru ki Fateh

Sat Sri Akal to all Sangat Readers

Here is the sample letter that Members may wish to send on - the email address, fax number and postal address are included:

Under Secretary of State (Mr PIOTR STACHANCZYK)

Ministry of Internal Affairs & Administration

Ul Stefana Batorego 5, 02-591 Warsaw, POLAND

Fax + 48 22 849 5213

Email sekretariat.Stachanczyk@mswia.gov.pl, minister@mswia.gov.pl

Tel + 48 22 621 0391

Dear Mr Stachanczuk

Targetting of Sikhs by Airport Security Guards: Reply to John Godson, Posel to Sejm: interpelacje nr 22391, sygn. SPS-023-22391/11

It is with deep regret that I have been made aware that the Straz Graniczna, that is regulated by your Ministry, has been engaging in targeting Sikhs who pass through the Polish airports on their legitimate and legal business.

This is further regrettable as your Ministry also supervises the Sikh Gurudwara (Ul Na Skraju, Raszyn, Registration no 166/DWRMNIE-6725-1/07/KW) whose statutes approved by the Polish Government indicate quite clearly, that Sikhs wear turbans as part of their integral clothing. To demand that Sikhs remove these turbans without any clear & verifiable threat is a disgrace and a violent attack on the integrity of Sikh people.

In addition to the above I have also learnt that some renegade Border Guard soldiers under your Ministry, have set up an e-discussion forum on their web sites in which abuse and insults to Sikhs are widely made. In particular one such Guard (alias “Niepokorny”) has even started a personal vendetta against a named a Sikh, with taunts and jibes for daring to take the Straz to Court for totally justified reasons, and has been subjected to repeated assaults on his dignity and human rights.

I call upon you to take this matter very seriously, to investigate this situation, discipline the offending guards and ensure that they are re trained to behave with due respect to the citizens they should serve. These unruly elements in your Ministry need to be brought to a form of order, as they appear not to be able to differentiate between security and harassment.

I recognise that Poland is a highly cultured and tolerant nation. The Polish people suffered tyranny in the past - these unruly civil servants could do with a lesson in history and I call on your good offices to take firm, effective and decisive action.

I would be most grateful if you would respond to me with information on how this situation has been cleared up, and the Straz Graniczna stopped from bringing disgrace to your Country.

Yours etc

Sat Sri Akal to all Sangat Readers

Here is the sample letter that Members may wish to send on - the email address, fax number and postal address are included:

Under Secretary of State (Mr PIOTR STACHANCZYK)

Ministry of Internal Affairs & Administration

Ul Stefana Batorego 5, 02-591 Warsaw, POLAND

Fax + 48 22 849 5213

Email sekretariat.Stachanczyk@mswia.gov.pl, minister@mswia.gov.pl

Tel + 48 22 621 0391

Dear Mr StachanczykSample_PolishBorderGuard-Protest.doc

Targetting of Sikhs by Airport Security Guards: Reply to John Godson, Posel to Sejm: interpelacje nr 22391, sygn. SPS-023-22391/11

It is with deep regret that I have been made aware that the Straz Graniczna, that is regulated by your Ministry, has been engaging in targeting Sikhs who pass through the Polish airports on their legitimate and legal business.

This is further regrettable as your Ministry also supervises the Sikh Gurudwara (Ul Na Skraju, Raszyn, Registration no 166/DWRMNIE-6725-1/07/KW) whose statutes approved by the Polish Government indicate quite clearly, that Sikhs wear turbans as part of their integral clothing. To demand that Sikhs remove these turbans without any clear & verifiable threat is a disgrace and a violent attack on the integrity of Sikh people.

In addition to the above I have also learnt that some renegade Border Guard soldiers under your Ministry, have set up an e-discussion forum on their web sites in which abuse and insults to Sikhs are widely made. In particular one such Guard (alias “Niepokorny”) has even started a personal vendetta against a named a Sikh, with taunts and jibes for daring to take the Straz to Court for totally justified reasons, and has been subjected to repeated assaults on his dignity and human rights.

I call upon you to take this matter very seriously, to investigate this situation, discipline the offending guards and ensure that they are re trained to behave with due respect to the citizens they should serve. These unruly elements in your Ministry need to be brought to a form of order, as they appear not to be able to differentiate between security and harassment.

I recognise that Poland is a highly cultured and tolerant nation. The Polish people suffered tyranny in the past - these unruly civil servants could do with a lesson in history and I call on your good offices to take firm, effective and decisive action.

I would be most grateful if you would respond to me with information on how this situation has been cleared up, and the Straz Graniczna stopped from bringing disgrace to your Country.

Yours etc

Sat Sri Akal to all who have read or replied to the blog. Thanks you also for the offers of help.

The help that is required is to disseminate the news to as many people as possible - so that they are aware that such a Case is being put forward in a EU Country. The issue of Sikh turban checks arose because of an EU Regulation that requires more stringent security checks at airports. Although there is nothing specific about turbans, or even about hats & caps, many of the European Country airport security services started demanding removal of head gear - this fair enough for hats & caps but not fair for Sikh Turbans for reasons that we all know.

The actions that we have been pursuing with the support of the Helsinki Foundation, a Human Rights NGO, are intended to bring into the EU Regulations a recognition that the Sikh Turban has to be treated as INTEGRAL Clothing that a person wears - in other words, if one is strip searched then a Sikh Turban will have to be removed for a check on a potential threat. While this may occur in 0.1% of passengers, it cannot be applied to 100% of SIkhs. There is no objection by SIkhs to undergo all the normal routine checks and no one denies this. Countries such as the UK do practice this - Turbans are checked by the use of hand held scanners passing over them - a perfectly acceptable approach.

The intention in the Court action in Poland to achieve the same standard as in UK.

If you are interested, please email me and I will send you a sample letter that can be emailed / faxed or posted to the Polish Under Secretary of State in the Ministry of the Interior, Mr Piotr Stachanczyk, who should be asked to better regulate the Airport Security Service - as it is under his Ministry that the Border Guard operates. It is also under his Ministry that the Polish Sikh Gurudwara has been established and provides services to the Sikh Community. His Ministry ihus more than familiar with Sikh, their traditions and the symbol of the Sikh Turban.

Poland is a tolerant and a progressive Country - unfortunately the Border Guard has many renegade officers - it is them that we might bring to justice - and in the process also gain legal recognition that Sikh Turbans can only be removed in situations where there is clear evidence of a potential security threat.

Sat Sri Akal

Wahe Guru ka Khalsa Wahe Guru ki Fateh