removed at take-off. The Spanish monitoring body also reports it has noticed that handcuffs are
used in all flights having Morocco as final destination and that it is awaiting a response from
the Directorate General of Police on this point.
Belgium, Germany, Denmark and Finland state that the use of coercive measures must take
place according to the criterion of individual risk assessment and as a last resort, and requests
that any “questionable” use be reported.
The Cypriot Ombudsman noted the disproportionate use of coercive measures due to the
inconsistency of reasons given based on the individual assessment of some forced return
operations. Recommendations were therefore made to the Chief of Police to ensure that escorts
strictly adhere to international standards.
In Slovakia, the use of handcuffs is ordered in all cases that present risk of escape during predeparture operations. Only in one of the cases monitored handcuffs were not used.
In Slovenia, no case of employment of coercive measures has been reported while in the
experience of the Maltese monitor the use of coercion has always been in line with the Frontex
Code of Conduct.
The Greek police systematically apply metal or velcro cuffs for preventive reasons in general,
but also without specific concrete
and detailed risk assessments. On
The coercive nature of forced return operations and,
this point, The Greek Ombudsman
in extreme cases, the justification of the use of force
has
made
several
with people who have no criminal liability, impose a
recommendations.
series of obligations on the State Authority aimed at
Also according to the Italian
ensuring that this limitation, when allowed, is
National
Guarantor
the
imposed in full respect of fundamental human rights.
predominant
critical
factor
The Italian National Guarantor has repeatedly
detected in the monitoring
reported the habit of using velcro straps to tie the
activity is the use of coercive force
wrists of returnees also for many hours
by escorts, and in particular the
indiscriminately and also in instances that are not of
use of velcro straps: this tool
openly uncooperative behaviour.
cannot be used if there is no
In the framework of the guarantee instruments that
resistance by the returnee or a
must be adopted, the training of escort operators
reaction of violence, in the
plays a leading role, since the task of protecting the
absence of which it is a violation of
dignity and physical integrity of returnees while also
human dignity. It is noted that
guaranteeing effectiveness of the operation falls on
velcro straps are often used
them.
systematically
and
in
a
Finally: it has been reported that in particularly
generalized way, regardless of the
complex operations, law enforcement officers film
behaviour of the individual
the most critical operations with video cameras so
returnee. This preventive way of
that operators are protected in the event of reports
using this tool is strongly
and for the purpose of greater control over the choice
criticized by the National
to use coercive measures.
Guarantor, as well as the use of the
French body cuff (a belt with
various straps that allows to block
arms and legs). For both coercive measures, the monitor is required to observe and take note
of the duration of the use of the measure and of the ways in which it is applied. Also, on the
occasion of total immobilizations of the person, in particularly critical circumstances, the doctor
from the State Police should always be present.
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