children in migration defines „child-friendly information“ as information adjusted
to the child’s age, maturity, language, gender and culture. The MNZ responded
that police officers are aware that they are required to provide information about
their rights in a friendly and understandable manner when dealing with children.
When examining the detention procedure of one of the group of foreigners discussed at Ljutomer police station, we established that all persons involved in
this procedure were returned to the territory of the Republic of Croatia on the
basis of the Readmission Agreement between the Republic of Slovenia and the
Republic of Croatia, although three unaccompanied foreign minors were in the
group. The SWC was informed of the procedure involving minors and the social
worker visited the police station, but it was not evident from the documentation
whether he held a personal interview with the minors.
The readmission of unaccompanied foreign minors was first justified by the MNZ
with the fact that police officers may return a foreign minor on the basis of the
Agreement when the social work centre or the guardian for a special case decide
that this is compliant with the foreign minor’s best interest. The Ministry emphasised that the decision is not in the jurisdiction of police officers but is based
on the expert assessment of the SWC’s employee or the guardian. Contrary to
that, Pomurje SWC explained that the police decided on the readmission of unaccompanied foreign minors in the relevant case as per the summary procedure, to
which the intervention service of Pomurje SWC did not agree. As we were able to
deduce from the MNZ’s additional response, the SWC did not (in principle) agree
with the informal readmission of unaccompanied foreign minors to Croatia, but
the police was nevertheless implementing it. After the complications established
in the cooperation, Murska Sobota Police Directorate provided expert assistance
to Ljutomer PS. The guideline not to informally return unaccompanied foreign
minors directly to Croatia was given and that instead, these should, if they do
not express an intention to file for international protection, be accommodated
in the Aliens Centre in Postojna from where they are returned on the basis of an
53
2.4 VISITS TO
POLICE STATIONS
The Foreigners Act (ZTuj-2) stipulates that the police must immediately inform the
social work centre (SWC) about the removal of an unaccompanied minor, which
must appoint them a guardian for a special case. The police may issue a return
decision to an unaccompanied minor only after the guardian for a special case determines that a return is in the unaccompanied minor’s best interest after a careful
examination of all circumstances. This is enabled by the decision that the ZTuj-2
excludes the return of unaccompanied foreign minors as per the Agreement
between the Government of the Republic of Slovenia and the Government of
the Republic of Croatia on the readmission of persons whose entry or residence
is illegal (the Agreement). Since the return of unaccompanied foreign minors
as per the Agreement is, according to the NPM, non-compliant with the provisions of the Foreigners Act, the detention of unaccompanied foreign minors as
per paragraph one of Article 64 of the Police Tasks and Powers Act is also not
lawful. We thus specifically stressed the consistent application of provisions
of the ZTuj-2 and the Protocol on cooperation between social work centres and
the police, and proposed that police officers be reminded again that returning
unaccompanied foreign minors as per the Agreement is not compliant with the
Foreigners Act and that suitable training for the staff be organised if necessary.
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