which she could not understand due to insufficient knowledge of the
language. Moreover, the affected person was unable to immediately
follow instructions for the same reason, which the employee
interpreted as uncooperative behaviour. The woman was obviously
very upset by her inability to communicate. The Federal Ministry of the
Interior called the failure to deploy an interpreter a misunderstanding.
Commission 6 criticised the fact that there were too few officials
present during the simultaneous forced returns of three families with
children. There should not have been three forced returns involving
children at the same time – of which at least one was highly
problematic due to massive resistance – with this number of officials.
Despite the tension between preparing the affected persons and their
right to personal liberty, the persons being removed must be afforded
sufficient psychological preparation. The Federal Ministry of the Interior
agreed with the view of the NPM. The Ministry stated that the
deployment of more female officials or female counsellors during
detention pending forced return would have been beneficial in this
case.
Inadequate preparation
and too little support
On the basis of the observations made by the commissions in Vienna,
the NPM has repeatedly complained that the separation of families
during forced returns and returns has been considered acceptable.
Thus, in one case, the husband disappeared as the task force was
attempting to return the wife and children to Poland. It is true that the
return was interrupted; however, the NPM complained about the
planned course of action by the authorities, which did not take Art. 8 of
the European Convention on Human Rights (ECHR) sufficiently into
account. The NPM was pleased that the return was interrupted and
postponed. The welfare of the children and the effect on family life
must always be taken into consideration – even during actual (forced)
returns. Under Art. 8 ECHR, in doubtful cases, the protection of children
and family life must take precedence over the interests of the state in
removing or deporting the family. However, the Federal Ministry of the
Interior is not opposed to this, since every (forced) return must
ultimately be subject to an individual case review.
Separation of families
The conversations of the commission with a single mother and her
children also led to criticism. The NPM stressed that certain
“information” – which may have been intended as factual – such as
that resistance against the forced return could result in a criminal
complaint and court proceedings, could be perceived by the affected
person as threatening and intimidating in the difficult situation of a
forced return. Even if this information is basically correct, it would be
better – in the opinion of the NPM – to avoid such statements in such
touchy situations.
Empathy in
conversations
Separating families during (forced) returns should be avoided.
It is helpful to deploy additional female officials when deporting families with children.
A psychiatric report and/or psychological preparation can prevent difficult situations.
139
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents