The notice with which the returnee is informed of their forced return is much shorter. European
monitors report that it normally depends on where the returnee is located: if the person is
detained at an identification centre, in prison or other place of detention, return planning is
communicated sooner (Spain, Slovenia, Germany). In other cases, the foreign person is notified
1 or 2 days before the transfer (Switzerland, Malta, Slovakia, the Netherlands, Sweden), but it
can also happen that the returnee is notified only 24 hours in advance or at the moment the
flight is decided (e.g. Greece, Italy). The Finnish Non-Discrimination Ombudsman reports that
returnees are often warned well in advance of their return operation, and only in some cases
the communication is given with a short notice. According to the Danish Folketingets
Ombudsmand, some returnees are informed a few days before the flight, although in some cases
the Danish national police have stated that they have not warned the returnee in advance so as
to avoid acts of self-harm or resistance. The German monitor also states that often the exact
date of the return is not communicated to prevent flight or avoidance of return.
The issue is in any case of great interest, so much so that numerous recommendations have
been made by European monitors on this point, highlighting that returnees should be allowed
to prepare for the return to their homeland in compliance with the rules prescribed by
international and European conventions. The Greek Ombudsman, in particular, constantly
makes recommendations to the national police demanding that returnees be informed with
sufficient notice (at present returnees in Greece are informed of the transfer on the day of the
operation).
Spain has also stated that recommendations have been made on this aspect, addressed to the
Directorate of the Police Department, in charge of ordering return operations, to underline the
importance of allowing returnees time to organize and communicate with their lawyers and
families.
In Italy, the staff of the National Guarantor
In the United Kingdom, until recently, a specific
reported that it is common practice to
date was not communicated to returnees but only
inform the persons involved of their
a possible time frame. However, the High Court
return only on the day of departure.
has recently suspended this procedure and today
According to the Italian monitor, this
a precise communication of date and time is to be
practice risks leading to a violation of the
principle of non-refoulement, since it does
sent to the interested party with at least 72-hour
not offer guarantees regarding the
notice.
possibility of timely intervention by the
Also the Swiss National Commission for the
defenders. Therefore, the European
Prevention of Torture has criticized the lack of
Committee for the Prevention of Torture
reasonable notice. The recommendations on this
recommended that the Italian Authorities
point, contained in the 2016-2017 Annual Report,
inform the interested parties and their
emphasize the importance of informing people
lawyers and also recommended that they
subjected to return at least 72 hours before
provide for a "last call procedure", to allow
departure and also recommend that the person
for verification of the legal status of thirdinterested be informed of the exact date and time
country nationals residing illegally
of the flight, as well as its duration and the
throughout the course of the operation.
destination city. 10
3.3 Use of coercive measures
10https://www.nkvf.admin.ch/dam/data/nkvf/Berichte/2017/vollzugsmonitoring/rapport-controle-des-
renvois-2016-2017.pdf
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