Poland’s Supreme Administrative Court (NSA) has dismissed a cassation appeal filed by Vladyslav O., known on social media as “Crawly.” The influencer had previously been ordered to leave Poland and banned from entering Poland and the other countries of the Schengen Area for 10 years. The measures were initiated at the request of the head of Poland’s Internal Security Agency (ABW) amid concerns that the foreign national could engage in espionage activities on Polish territory.
Vladyslav O. gained online popularity through controversial videos published on social media. As “Crawly,” he appeared, among other places, in shopping centres in Warsaw wearing a distinctive green costume, moving around on all fours and approaching or provoking people present at the locations. Recordings of these incidents were subsequently posted online.
The influencer’s activities attracted the attention of the Polish security services. According to the Internal Security Agency, on 14 November 2024 the head of the ABW asked the Minister of the Interior and Administration to issue a return decision against the foreign national. The request was prompted by concerns that his activities could be connected with espionage on Polish territory.
Crawly received a 10-year entry ban
After reviewing the evidence gathered in the case, the minister decided that Vladyslav O. should be required to leave Poland. At the same time, he was banned from re-entering Poland and the other countries of the Schengen Area for 10 years. The decision was made immediately enforceable and subject to compulsory execution.
The influencer challenged the decision through the available legal procedures. The case first went before the Voivodeship Administrative Court (WSA) in Warsaw, which dismissed his complaint. Vladyslav O. then filed a cassation appeal with the Supreme Administrative Court.
The NSA also rejected the influencer’s arguments. Importantly, both the WSA and the NSA had access to classified materials submitted by the Internal Security Agency. After reviewing those materials, the Supreme Administrative Court found no grounds to overturn the earlier assessment of the case.
Court: security concerns were sufficiently demonstrated
According to information published by the ABW, the court found that concerns about the possibility of espionage activities had been sufficiently demonstrated by the competent authorities. The NSA also referred to the nature of the foreign national’s activities and the fact that incidents involving breaches of public order were recorded by him and subsequently published on social media.
The significance of the case was not limited to the provocations themselves. According to the arguments presented in the proceedings, recording staged incidents may also make it possible to observe how Polish services respond.
Such recordings can document, among other things, response times, the measures taken by officers, as well as the number of personnel involved and the way the services operate. According to the NSA, activity of this nature may be relevant from the perspective of Article 329a of Poland’s Act on Foreigners.
The court also noted that interest from the security services in a person who breaches public order, records such incidents and subsequently distributes the footage to a wide online audience should not be considered surprising.
ABW monitored the influencer’s behaviour
According to information provided by the Agency, the request submitted by the head of the ABW was not based solely on a single incident. The security services took into account Vladyslav O.’s observed behaviour, his attitude towards the rules applicable in Poland and the potential consequences of his activities.
In the assessment of the security services, the influencer’s activities could lead to the disclosure of information relevant to the security of Poland and its citizens. The NSA accepted the argument that assessing such a threat fell within the expertise of the Internal Security Agency and was based, among other things, on its operational activities and the experience of its officers.
The Supreme Administrative Court’s ruling means that the measures taken against Crawly at the request of the head of the ABW were not successfully challenged before Poland’s administrative courts. The consequences of the earlier decision therefore remain in force, including the requirement for the foreign national to leave Poland and the 10-year ban on entering Poland and the other countries of the Schengen Area.
Source: CEO.com.pl / Internal Security Agency (ABW)
