The Defensor del Pueblo reported, in response to the questionnaire, some practices relating to
the methods for carrying out the monitoring of forced return operations, and in particular:
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The Spanish monitoring body receives news of the planned repatriation from the Police
usually one or two days before the operation;
The notice given to returnees depends on the place of deprivation of liberty they are
accommodated: returnees held in prisons receive information with more notice
compared to those held in detention centres for migrants or police stations. As a rule,
they can communicate with their lawyers and family members, though it is possible
there is not enough time. Recommendations in this sense have been repeatedly made by
the Defensor del Pueblo;
The coercive measures allowed in Spain are used in compliance with international
human rights standards and only when strictly necessary. Returnees often wear velcro
straps, which are removed once the aircraft has taken off. The Defensor del Pueblo
reports the use of handcuffs during return operations to Morocco. In this regard, a
recommendation was made to the General Directorate still awaiting a reply. The Defensor
del Pueblo also suggested the Spanish Police establish a register of coercive means
allowed at the detention facilities located at the airports in order to verify that the means
used during forced return operations are lawful and permitted;
Currently no figures such as psychologists or social workers are employed to assist
forced return operations;
Monitoring takes place until the moment of landing and handover of the returnees to the
authorities of the country of origin. However, in the case of Frontex operations organized
by Spain, the Defensor del Pueblo contacts the NPM or the Ombudsman of the country of
destination, if such a body exists, to provide details on the flight and on the returnees, so
as to allow the monitoring also of the phase following landing;
Although the goal is to monitor the largest number of operations, the activity is limited
with respect to the number of places of deprivation of personal liberty due to the limited
number of human resources (8 people) available to the NPM. In the past two years, 24
Frontex operations organized by Spain have been monitored. The choice of which flight
to monitor takes into account various factors, such as the presence of groups of
vulnerable people or the high number of people to be returned;
Normally two monitors take part in every forced return monitoring operation, as there
are no other support experts (medical staff, mediator, psychologists). With Frontex
operations, on the other hand, there is always a doctor and a nurse who are part of the
police staff;
The recommendations, proposals and conclusions of the NPM are attached to the report
of each monitoring. The report is then presented to the Administration concerned
(generally the General Directorate of Police) and to the Head of the National Police
Repatriation Unit, in order to establish a dialogue with the Administration and thus
ensure that the proposals are subsequently implemented. Conclusions, indications and
recommendations are also included in the annual report. Both the Spanish Parliament
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