right to lodge complaints. Cyprus calls for the implementation of the complaint tools available
to returnees by the national Ombudsman.
It is worth recalling that the Committee of Ministers of the Council of Europe adopted the
“Twenty guidelines on forced return” in 2005, which state that all foreigners subjected to
limitation of personal liberty, and therefore also returnees, must be guaranteed the right to
lodge a complaint. 15
3.6 Choice of flights to monitor. Factors taken into consideration
In general, the European bodies responsible for monitoring forced return operations mainly
intervene on charter flights organized and carried out by national authorities.
The priority is in all cases given to those operations that involve vulnerable subjects such as
families with children, women, elderly people, people with health problems, etc. (Switzerland,
Sweden, Finland, the United Kingdom) with criteria based on the mission’s “risk assessment”
which include, in addition to vulnerable people and people in need of treatment, people who
present a high risk of violent resistance or who require the use of coercive measures (the
Netherlands, Belgium, Spain, Denmark, Germany, Greece).
The Finnish Ombudsman reports that it prioritizes monitoring of flights involving vulnerable
subjects (unaccompanied migrant minors, people with physical or mental health problems,
victims of trafficking, families with children), but also returns to critical countries such as
Afghanistan, Iraq and Somalia.
The British Independent Monitoring Board declares that it gives priority to monitoring flights
from the United Kingdom to Nigeria,
Ghana, Pakistan, Albania and joint return
The Italian National Guarantor refers that it
flights with departure from France,
prioritizes monitoring of charter flights over
Bulgaria and Austria.
commercial flights: the latter generally involve
The Greek Ombudsman prioritizes the
one person or at most 3-4 people to be returned
monitoring of domestic or joint flights to
and monitoring would therefore take place on a
Pakistan, Georgia, Armenia, as well as air
very small sample. A charter flight, on the other
or sea operations from the island of Lesvos
hand, can transfer up to 40 people, so the
to Turkey.
presence of risk factors is higher; also, while on
Furthermore, all European monitors
commercial flights there is also the "external
declare they participate in international
gaze" of passengers, charter flights bring
missions organized by their country in
together people in the same condition who are
collaboration with Frontex.
therefore less controllable in the event of
Slovakia, Cyprus, Malta – given the limited
tensions with escorts. In particular, the national
number of monitored flights – declare that
staff states that the main operations monitored
their intention is to monitor as many
are those carried out with charter flights to
flights as possible, especially those
Nigeria, Tunisia and Egypt.
involving the most vulnerable people, but
“Detainees shall have the right to file complaints for alleged instances of ill treatment or for failure to protect them
from violence by other detainees. Complaints and witnesses shall be protected against any ill treatment or
intimidation arising as a result of their complaint or for the evidence given to support it.”
15
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