Annual Report 2015 - Spain’s National Preventive Mechanism
Investigation by the European
Ombudsman
108. In February 2015 this institution issued a memo to the European Ombudsman which reported the conclusions of the inspections within the scope
of the work that the Ombudsman carries out with FRONTEX, in relation to
improving the procedures and safeguards around persons who are deported
and in order to guarantee that human rights are not violated during forced
deportations (European Ombudsman Investigation No. OI/9/2014/MHZ).
FRONTEX Code of Conduct
109. The FRONTEX Code of Conduct constitutes a minimum set of
standards, those being the FRONTEX standards for the protection of the
fundamental rights of persons who are deported. These standards are inferior is some respects to those maintained by this institution and those of
the CPT, which makes specific reference to this matter in its 13th General
Report [CPT/Inf (2003) 35].
Interviews
110. During visits, confidential interviews are conducted with some of
the people who are going to be deported. During these interviews, the interviewees are asked if they have been able to notify their families of the
deportation, and about the treatment received by the custody officers, the
transfer from the different points of origin (CIE, Prison Facilities, police facilities), their state of health, etc. They are also informed of the possibility
of accessing this institution, as well as consular offices, once in their own
country, and that should they wish to lodge a complaint they can do so
through the Ombudsman’s website.
NPM supervision of a deportation operation
Notification of the deportation
§115 AR 2014
82
111. The majority of foreign nationals complained about having been
given little warning of the decision to deport them and having had problems communicating it to their family in their country of origin or collecting
their belongings. The NPM has urged that inmates must receive sufficient
advance warning of when the deportation is going to take place.
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