Special Interest Sites in Deprivation of Liberty
232. The deportees boarded the plane with the custody agents forming a secu
rity corridor from the vehicle that had brought them from the terminal to the
aircraft. Each detainee was guarded by four agents: one in front, another in back
and one on each side. The Nigerian woman who was being repatriated by Spain
had to have her legs immobilized with restraint belts when she tried to resist
boarding the aircraft. Once they were inside the airplane, the agents accompa
nied detainees to the seat that had been assigned by the Dutch agents in charge,
since Holland had organized this FRONTEX flight. The head of the Spanish op
eration informed the inspection team that after the plane had taken off, immobi
lization belts would be removed if the returnees were calm. It was noted that the
detainees repatriated from Holland were not wearing any kind of physical re
straint. The aircraft had two rows of seats, with three seats on each side. A de
tainee sat in each row (in the middle or window seat), with two police escorts in
charge of his/her custody. According to what the inspection team was told, the
deportees kept their seat belts on for the whole flight.
During the flight returnees
233. This operation did not have any Spanish physician or nurses, since it was
up to the authorities of Holland, who had organized the flight, to appoint the
healthcare service for the operation, which in this case was a Dutch physician
without the assistance of a nurse. In respect to detainees repatriated by Spain,
there was a list with their particulars in which it was noted that they were all in
good health to travel. In this regard, the persons in charge of the operation in
formed the inspection team that no systematic medical check-ups are performed.
Instead only foreigners being repatriated undergoing medical treatment or who
have some symptoms or ailment are examined by a physician, who decides if they
are in condition to travel and prepares a report that is given to the head of the
operation. Otherwise, it is noted by default that the deportees are healthy and fit
to travel. One of the persons who was going to be repatriated, and who did not
have a medical report, told the inspection team that he suffered from a heart ail
ment and was undergoing treatment with a medication he had not taken. On
confirmation of this fact by the medical service of the Immigrant Detention
Center, the Directorate General of the Police was informed that said circum
stances should have appeared in the Immigrant Detention Center medical re
port, with express mention of whether the citizen was fit to travel, even though he
had not taken his medication, and informing the physician on board the airplane
of the situation.
As the operation was
234. In case the persons who are going to be repatriated have a medical report,
the head of the operation informed the inspection team that it would be given to
the physician intervening in the operation, and that if the latter did not speak
Spanish the report would be translated orally. This Institution believes that in
these cases multilingual versions of said documents should be issued, in accord
ance with Directive 1.1.2 on Security Rules in Joint Expulsions by Air, of the
Council Decision of 29th April 2004.
Multilanguage versions of
THE OMBUDSMAN OF SPAIN
keep their seat belts
buckled
organized by Holland, this
country was responsible for
the medical care
the medical reports should
be provided
159
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