migrants sleeping outside, which led to cases
of hypothermia. 62
September 2016, Amnesty International
reported that five Syrian refugee children
were allegedly ill-treated by Greek police for
carrying plastic toy guns. 72
Meanwhile, serious incidents are reported
more frequently along the external borders of
the Schengen area. Allegations of illtreatment and excessive use of force have
emerged, for example, from Hungary,
Bulgaria, Greece, Italy and Spain. Although
not covered by this data collection, recent
reports also concern Croatia. 63
Excessive use of force and violence by the
police and state security bodies has also been
reported in Spain, particularly concerning
people who climb the fences in Ceuta and
Melilla. 73 On 21 October 2016, SOS Racismo
together with the Coordinator for the
Prevention of Torture (Coordinadora para la
Prevención de la Tortura) asked for an
investigation
of
various
claims
of
maltreatment of immigrants by the police in
the Aliens Detention centre (CIE) in Aluche. 74
Convivir Sin Racismo also denounced physical
and verbal maltreatment in the Aliens
Detention Centre in Sangonera, including
frequent beatings in places not covered by
security cameras. 75 Official complaints in
these cases are few in number and have not
been investigated sufficiently. 76
As highlighted by FRA in past months, in
Hungary, reports of violence, excessive use of
force and humiliating practices increased
significantly after the adoption of a new law
in July 2016. This law allows the police to
transfer migrants who entered the country in
an irregular manner to the outer side of the
border fence with Serbia, if they were
apprehended within 8 km from the border. 64
Reported practices include the use of
unleashed dogs, the use of pepper spray,
beatings, yelling at people, and, most
recently, taking away warm clothing and
making people kneel. 65 Civil society
representatives noted that in most cases the
authorities deny the occurrence of such
incidents and are unwilling to investigate
them. 66
Excessive use of force to take fingerprints
was brought to FRA’s attention from hotspots
in Italy in the course of 2015 and early 2016.77
More recently, Amnesty International
reported similar concerns, mainly in locations
outside the hotspots. 78
Several incidents are also reported from
Bulgaria and Greece. In Bulgaria, in October
2015, an Afghan asylum seeker was shot dead
by Bulgarian police after crossing the
Bulgarian-Turkish border. 67 Last year, the
media also reported on several vigilante
groups detaining and abusing asylum seekers
and migrants close to the Bulgarian-Turkish
border. This includes the group ‘Vasil Levski’,
a union of former police and military force
trainees. 68 Some of the perpetrators are now
under investigation. 69
Finally, the UN Committee against Torture
made a number of critical observations at the
time of the seventh periodic report on France,
stating that it was “worried by the allegations
of violence against applicants for asylum and
migrants, as well as their situation in Calais
and that region.” 79 A recently published
report by the NGO ANAFÉ contains allegations
of ill-treatment at airport holding centres. 80
In June 2016, 12 unaccompanied children of
Pakistani nationality were reportedly abused
by police officers in Lesvos. Some of them
had nosebleeds, abrasions on the wrists due
to handcuffing, and other wounds on various
parts of their bodies.70 On 24 November 2016,
the police station on the island of Samos was
accused of holding a 25-year-old refugee
from Iraq under inhumane conditions at the
police station for nineteen days. 71 In
Under Article 2 (1) of the UN Convention
against Torture, which is binding for all EU
Member States, each State Party must “take
effective legislative, administrative, judicial or
other measures to prevent acts of torture in
any territory under its jurisdiction”. Similarly,
Articles 1 and 3 of the ECHR place a number of
positive obligations on European states,
designed to prevent torture and other forms
of ill-treatment. In cases involving degrading
Preventive measures
8