Recommendations made by the NPM in 2015 and follow-up to the Recommendations made in 2014
II.10. Foreign national deportation operations
Table 30
RECOMMENDATIONS MADE TO THE
DIRECTORATE-GENERAL OF POLICE
STATUS
Recommendation of July 22nd 2015.
To issue the necessary instructions which ensure that a medical examination
is always expressly performed on all foreign nationals who are going to be
deported, in advance of their deportation, whether in the centres of origin
(Foreign National Detention Centre or Prison Facility) or by the physician who
accompanies the operation during the flight (in the case of police stations), in
order to confirm that there is no basis for halting the deportation from a medical
point of view (‘fit to fly’), in accordance with article 7 of the FRONTEX Code of
Conduct and paragraph 351 of the Annual Report 2014 on Spain’s National
Preventive Mechanism against Torture (hereafter the Annual Report 2014).
REJECTED
Recommendation of July 22nd 2015.
To adopt the necessary measures to enable video recording during deportation
operations organised by Spain, in accordance with paragraph 44 of the 13th
General Report of the CPT, article 10.1 of the FRONTEX Code of Conduct and
paragraph 359 of the 2014 Annual Report.
REJECTED
Recommendation of July 22nd 2015.
To establish a mechanism for filing complaints during operations, for such
cases where the persons who are going to be repatriated believe that their
fundamental rights have been violated. Said persons should be issued with a
certified copy of the filing of the complaint and also informed of the channels
which exist for lodging a complaint though the Spanish Embassies following
arrival at their destination, according to the provisions in paragraph 361 of
the 2014 Annual Report.
REJECTED
Recommendation of July 22nd 2015.
To adopt the necessary measures which ensure that an interpreter always
forms part of the operations on all flights organised by Spain in which the
persons who may be deported speak neither English nor Spanish, in
accordance with that highlighted in article 11.2 of the FRONTEX Code of
Conduct and paragraph 354 of the 2014 Annual Report.
ACCEPTED
NOT IMPLEMENTED
105
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