In Nabrdalik v Poland, two photojournalists are suing the Polish state for wrongful arrest and detention, and for forcibly searching their phones and other belongings as they were documenting events close to the Polish-Belarusian border in Nov 2021. https://www.article19.org/resources/poland-journalists-must-be-allowed-access-to-belarus-border/
At the time, the UNSR on human rights defenders - Mary Lawlor - had communicated concerns to the Polish government about these abusive practices. https://srdefenders.org/poland-hrds-on-poland-belarus-border-attacked-detained-searched-ill-treated-joint-communication/
Together with @a6dfd04e, we filed a third party intervention in the case, arguing that the warrantless and suspicionless search of someone’s phone is contrary to the rights to privacy and freedom of expression. Read our full submissions here: https://privacyinternational.org/legal-action/nabrdalik-v-poland
Abusive searches of phones in immigration systems have previously been litigated in English and German national courts - but this is the first time these issues will be heard by the regional human rights court. See our write up of the UK case 🇬🇧: https://privacyinternational.org/legal-action/r-hm-and-ma-and-kh-v-secretary-state-home-department