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ANNUAL REPORT 2015
son’s wrists were fixated with plastic strips, and the parents’ wrists were fixated
with fabric strips which were tied to a belt (restraint belt).
The family were seated in the back seats of the empty plane. The captain – who
is always the highest authority on board – came to assess the situation. Despite
the family’s loud appeals, he let them stay on the plane.
A few minutes later, the other passengers boarded the plane, and the family
members now addressed their appeals to them until the plane left the gate 20
minutes later. Hereafter, only the father shouted. He shouted in English that he
would bomb the plane.
When the plane was airborne, the entire family sat in silence. The police constable in charge of the deportation talked to the father whereupon the police
constables removed the strips from the family members’ wrists.
FORCIBLE MEASURES
CRITICISM OF INSUFFICIENT DOCUMENTATION
The police can use forcible measures during deportations – e.g.
a firm grip/manual force, plastic
strips, handcuffs, protection helmet
and restraint belt. Experience
from the monitoring indicates that
the most frequently used forcible
measures are restraint belt, a firm
grip/manual force and plastic strips.
Handcuffs are rarely used.
Between April 2011 and December 2015, the Ombudsman
received information about 79 deportations where the police
had to make use of forcible measures. We monitored the
forcible measures in 25 cases. The police did not violate the
Police Act’s rules on forcible measures in any of the 25 cases.
Moreover, the forcible measures were in compliance with
police guidelines.
The Police Act stipulates that forcible measures must be ‘necessary
and safe’, and ‘solely by means and
to an extent that are in proportion
to the interest they aim to protect’.
Moreover, the police must use force
as gently as the circumstances permit and in such a way that any harm
is reduced to a minimum. It also follows from internal police guidelines
on deportations that force during
deportations must always be used
in such a way that the disturbance
of the surroundings is kept at a
minimum.
Based on information provided by the police concerning the
remaining cases, it is the Ombudsman’s opinion that the
use of forcible measures in 47 cases complied with the rules
about forcible measures in the Police Act. However, in 25
cases it was impossible for the Ombudsman to assess whether
the rules of the Police Act were observed, because there was
insufficient documentation of force in these specific cases.
Since the Ombudsman began to monitor forced deportations, he has several times criticised the police for not having
sufficiently documented the use of forcible measures during
deportations.
In 2014, the police published – on the Ombudsman’s recommendation – the first summary of the use of forcible measures in connection with deportations.
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