Request for removal of Lyudmyla Kozlovska from SIS submitted to the Office for Foreigners

  • 04.09.2018
  • Author: Editorial office

On August 31, the authorised representative of the Open Dialog Foundation, attorney Izabela Banach submitted to the Office for Foreigners a request to remove the personal data of Lyudmyla Kozlovska contained in the Schengen Information System I and II. In the explanatory memorandum of the application, it is explained why the detention and expulsion of the ODF President from the territory of the European Union was unwarranted and illegal. It also contains extensive reference to the position of the Helsinki Foundation for Human Rights.

In the case of the Applicant, none of the prerequisites indicated in [law] that could constitute the basis for the entry occurred. Lyudmyla Kozlovska is not subject to any criminal proceedings, nor has she committed any crime or misdemeanour which could result in such far-reaching actions being taken” – we can see in the application, which also states that Kozlovska was deprived of the right to appeal against both entry into the SIS II system and the decision of the Mazovian Voivode denying her the right to familiarise herself with the proceedings that led up to her arrest.

Meanwhile, in accordance with the provisions of Article 13 of the European Convention for the Protection of Human Rights and Civil Rights, a person whose rights and freedoms are violated has the right to an effective remedy granted by a competent state body.

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See also:

  1. Poland uses SIS to prevent President of the Open Dialog Foundation from entering the Schengen area
  2. Information on the inclusion of Lyudmyla Kozlovska in the SIS database by Poland

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