Report on the Performance of Activities of the National Preventive Mechanism for 2016
and independence of the Republic of Croatia and defend its territorial integrity; in addition,
armed forces may function as a support to the police only in cases foreseen by the Constitution:
state of war, immediate danger to the independence and unity of the Republic of Croatia, in
the event of any major natural disaster, during state of war, in case of immediate threat to
independence, unity and continuity of the state or when government bodies are prevented
from performing their constitutional duties, including as aid in firefighting, rescue operations
as well as surveillance and protection of the rights of the Republic of Croatia at sea. They may
not function as support when dealing with pressure of migration movements, as stated in the
justification of amendments. Such manner of conduct shows that the state is more inclined to
protecting and controlling its borders than to protecting refugees’ human rights.
Besides closure of borders, EU-Turkey deal from March 2016, resulted in an altered approach
towards persons moving along the so-called Balkan Route. After accord was concluded, people
had to seek international protection in the country that they found themselves in or were
attributed the status of irregular migrants. One of the consequences of such an abrupt change
were insufficient reception capacities, in particular for those whose freedom of movement had
been restricted, but also for those belonging to the vulnerable group of irregular migrants
waiting for implementation of measures ensuring their return to countries of origin or safe
countries. Therefore, in order to ensure stronger protection against torture and other cruel,
inhuman or degrading treatment or punishment as well as to gain the best possible insight in
the extent to which their rights are being respected, NPM visited Winter Transit Centre in
Slavonski Brod (WTC SB), Foreigners Reception Centre in Ježevo (FRCJ), Reception Facility for
Asylum Seekers in Zagreb (RFAS Zagreb) and Kutina (RFAS Kutina) as well as Vukovar-Srijem
County Police Administration.
During our visit, we noticed a series of
Apart from inability to understand the
difficulties faced by applicants for
language in which the procedure was
international protection and irregular
conducted, limited right to free legal aid, as
migrants when trying to exercise their rights,
well as insufficient and untimely judicial
which are especially reflected in cases of
protection provided within the procedures
limiting their freedom of movement, as a
limiting their freedom of movement, another
result of which they had been put in a
problem was organization of healthcare
particularly vulnerable position. Apart from
services in accommodation centres as well as
inability to understand the language in which
ensuring additional scope of healthcare.
the procedure was conducted, limited right
to free legal aid, as well as insufficient and untimely judicial protection provided within those
procedures, another problem was organization of healthcare services.
In the Republic of Croatia, 320 persons remained in WTC SB, after closing of the so-called Balkan
Route. Following closure of the procedure initiated on the basis of the Foreigners Act, they
were delivered a return decision, accompanied by the pronounced measure of prohibition to
leave WTC SB. Formally and legally speaking, this represented an alternative to detention
measure; however, conditions under which they were detained, were de facto those of
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents