Another controversial aspect, according to the Italian monitoring body, as regards the use of
coercive measures, is represented by the considerable diversity of coercion during joint charter
flights 14 compared to national ones. The former are certainly better organized, and the
operation is planned in detail: the list of authorized coercive measures is preliminarily
established because each country involved has its own, but only the organizing country can
allow its use. For example, if Italy, in the context of a flight organized in collaboration with
Frontex, has a share of returnees from other countries, it must also assess the eligibility of
instruments that Italy does not employ, such as spit masks.
In Sweden, although the monitoring system has only been active since August 2018, a
systematic use of coercive measures has never been reported. In some cases, the preventive
use of coercive measures based on risk assessments has been noted. In these cases,
furthermore, the monitor raised doubts as to whether this use was proportionate, especially
with reference to the prolonged duration of the measures.
In the Netherlands, as stated by the Aliens Decree, a forced return operation must be carried
out in compliance with the fundamental rights, dignity and physical integrity of the returnee,
and the use of coercive measures must be proportional and residual. The monitoring body
claims the police, the Royal Marechaussee, and the detention service do not systematically use
coercive measures and that these are only used following an individual risk assessment.
Restrictions may be used for preventive purposes, but only after an individual risk assessment.
Finally, Dutch law provides for a ban on subjecting pregnant women, children, the elderly
and/or disabled persons to coercive measures.
3.4 Presence of social workers and/or psychologists during return operations
In general, in almost no European country, social workers or psychologists are systematically
used to accompany or support returnees during operations, while medical personnel are
almost always present.
These figures are in any case involved by the Head of the escort or by the Department that
performs the return, not by the monitoring body.
Joint flight is an operation involving the cooperation between two or more EU countries for the expulsion of
third-country nationals residing illegally in the EU carried out by an air carrier (see Decision 2004/573/EC).
14
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