Court acquits Polish soldier who accidentally shot Syrian refugee at Belarus border

The incident involved a Syrian man who had crossed into Poland from Belarus and was fleeing soldiers near the border. A bullet struck him in the back, close to his spine. He received first aid, went to hospital, and was discharged weeks later. Poland granted him asylum in May 2024.

The court considered whether second lieutenant Adam Ł. had negligently used his firearm. During the operation, he slipped while chasing the man, and his PM-98 Glauberyt submachine gun discharged two rounds. Prosecutors ultimately pursued a lower-level negligence charge linked to impairment or a health disorder.

On Wednesday, a military court in Warsaw fully acquitted the soldier. Judge Michał Żak said the evidence did not establish what happened clearly enough. Expert evidence also suggested the weapon might have fired because of defects when it hit the ground. The verdict can still be appealed.

An acquittal is a court’s finding that a criminal charge has not been proven to the required legal standard. It releases the defendant from criminal responsibility for that charge. It does not necessarily establish that every event described by witnesses was false, or that no harm occurred.

In this case, the Syrian man was hit by a bullet in the back, close to his spine. He received immediate first aid and was taken to hospital. He left hospital a few weeks later. The court’s decision concerned whether Adam Ł. had negligently used his weapon, not whether the shooting and injury occurred.

The judge said it remained unclear exactly how the discharge happened. Court-appointed experts found the weapon could have had defects that caused it to fire when it struck the ground. Because the prosecution lacked convincing evidence of negligence, the soldier was acquitted. The verdict may still be appealed.

The weapon discharged during an operation to apprehend migrants who had crossed from Belarus. Soldiers had ordered the group to stop. When a 23-year-old Syrian man ran away, Adam Ł. chased him, slipped, and fell. His PM-98 Glauberyt submachine gun then discharged two rounds.

One round hit the Syrian man in the back, near his spine. The soldier immediately gave first aid, and the injured man was taken to hospital. Military prosecutors first considered a more serious charge: negligent use of a weapon resulting in serious injury. That offense could carry up to eight years in prison.

Prosecutors later downgraded the accusation. The final charge alleged negligent weapon use causing impairment or a health disorder, punishable by up to three years in prison. The court ultimately acquitted Adam Ł. after experts raised the possibility that a weapon defect contributed to the discharge.

To convict, the court needed convincing evidence that Adam Ł. had used the weapon negligently. The key issue was not simply whether the gun fired, but how it fired and whether the soldier’s conduct caused that discharge through carelessness.

The soldier said the weapon discharged after he slipped and fell while chasing the Syrian man. Two rounds were fired, and one struck the man. However, Judge Michał Żak said the precise sequence of events remained unclear. Experts commissioned by the court found the gun could have had defects that caused it to fire when it hit the ground.

Those doubts weakened the prosecutor’s version of events. The judge also cited a lack of convincing evidence supporting the negligence allegation. Since negligence could not be proven, the military court acquitted Adam Ł. The ruling is not necessarily final, because the Syrian man’s lawyer may appeal after reviewing the written justification.

Poland’s eastern border operation has become a large, sustained security effort since 2021. The article says Belarus has encouraged, assisted, and sometimes coerced tens of thousands of migrants, mainly from Asia and Africa, to attempt crossings into Poland.

Those who cross often continue west toward Germany. Others seek international protection in Poland. To support border guards and police, Poland has deployed thousands of soldiers to the frontier. Their work includes helping respond to crossings and apprehending migrants who have moved beyond the immediate border area.

The scale has also created serious risks for personnel. Officers have sometimes faced violence from migrants attempting to cross. A Polish soldier died after being stabbed in June 2023. In 2024, another Polish soldier, Mateusz Sitek, was fatally stabbed while trying to stop a group forcing its way through. The operation therefore combines migration control, security duties, and responses to asylum claims.

The border has become both a migration route and a dangerous security zone. The article reports violence against personnel, including the 2023 stabbing death of a Polish soldier and the 2024 fatal stabbing of Mateusz Sitek. These incidents shaped political support for stronger legal protection of officers.

Poland’s president signed rules removing criminal liability from officers who use firearms while serving on the border. The article says the measures were passed after a surge in aggression from some migrants trying to cross from Belarus. Separately, the soldier in this case was acquitted because negligence was not proven, and the defence ministry had supported his legal defence.

The article does not state that the shooting changed asylum rules. It records that the Syrian man was discharged from hospital and granted asylum in Poland in May 2024. It also says some migrants seek international protection, while others travel onward to Germany. The verdict can still be appealed.

Asylum is protection a person seeks in another country because returning home may expose them to serious danger. International protection is a broader term for protection sought from a state under such circumstances. The article uses both ideas when describing migrants who ask Poland to consider their need for protection.

Crossing a border irregularly does not automatically answer the protection question. A person may still ask authorities to assess their situation, rather than being treated only as someone who breached border rules. The article gives a direct example: a 23-year-old Syrian man crossed from Belarus, was injured during his apprehension, and later received asylum in Poland.

The article says some migrants seek international protection in Poland, while most who cross continue west toward Germany. It does not explain Poland’s detailed asylum procedure or the legal tests used in individual cases. It does show that an irregular crossing and an asylum claim can occur together, and that the claim may ultimately be accepted.