Report on the Performance of Activities of the National Preventive Mechanism for 2017
statutory rights. However, the applicants do not fill it out or sign the consent, which is in contradiction
to the Security Vetting Act.
Other difficulties faced by the applicants for international protection in exercising their rights, especially
the right to health care, work and education in the integration processes, are discussed in more detail
in the chapter on discrimination on the grounds of race, ethnicity or colour and national origin.
Migrants in irregular situations and access to international protection
The agreement between the EU and Turkey reduced the number of migrants and refugees coming to
Croatia through the so-called Balkan route. However, due to reapplication of the Dublin and EURODAC
Regulations, which also meant scaling down to the frameworks of the national legislation, stricter border
controls were implemented in the states on the route from March 2016. The position of the RC is
particularly sensitive due to several reasons. The wire fence erected along the Hungarian-Serbian
border prevented migrants from accessing not only the territory, but also international protection in
Hungary. On the other hand, Serbia took a so-called liberal approach in dealing with migrants, which
implies insufficient control of their entry and movement, thus there are numerous informal gathering
places along the border with Croatia and almost non-existent state border protection measures. Also,
since the beginning of the refugee crisis in relation to the citizens who mostly move along the route,
the agreement between the Croatian and Serbian Government on delivery and reception of persons
whose entry or stay was illegal, was suspended. Therefore, the RC became solely responsible for
resolving the status of such persons, be it in regards to the application for international protection or
implementing return measures, and in cases when it was undoubtedly established that they entered
from Serbia. All of this, paired with the Croatian strategic goal of joining the Schengen area, which
implies efficient protection of the state border, also the external border of the EU, posed additional
challenges before the MoI.
In such circumstances, the end of 2016 and beginning of 2017 were marked by a series of allegations
from civil society organizations and the media about the return of persons to Serbia without conducting
the procedure provided for in the Foreigners Act, according to which, depending on the return
measure, a decision should be issued, and procedure should be conducted on an individual basis with
interpreting provided. However, many migrants testified that they were not allowed to apply for
international protection, although they wanted to, and during their return the procedures provided for
in the FA were not followed. Moreover, documented complaints included allegations that Croatian
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