Report on the Performance of Activities of the National Preventive Mechanism for 2017
conduct, which certainly constitutes the violation of the Constitution, ECHR and AA, as well as other
international and national regulations governing deprivation of liberty.
The order of the General Police Directorate from 15 February 2017 introduced a new treatment of
irregular migrants apprehended within the territory, which ordered all police administrations to escort
irregular migrants to a police administration at the external border with a prior written announcement,
regardless of the place at which they were apprehended. The police administration at the external
border was then competent to define all the circumstances of their entry and stay. However, if the police
administration that apprehended irregular migrants within its territory assessed that the escort to a
police administration at the external border would not be useful for strengthening the external border
control measures, it could conduct the procedure in accordance to the FA on its own.
From 15 February to 24 November 2017 (unfortunately the MoI did not provide us with full data for
2017), following the aforementioned order, the Tovarnik Police Station carried out the so-called
summary procedure on 1,116 persons and issued return decision to all of them, and Bajakovo border
crossing to 1,473 persons. Following the order, all case files included the printed form no. 6 (Declaration
of Identity), foreigner's photograph, return decision on form no. 11, signed delivery note and official
record. A copy of the official record was also submitted to the police officers at Tovarnik Police Station
with the following statements: “the foreigner has no visible injuries and has not complained about
his/her health“, “it was determined that s/he speaks Arabic/Pashto and can communicate in English, an
interpreter for this language was contacted but was unable to report to the Tovarnik Police Station,
therefore an interview in English was conducted with the help of Google Translate, and during the entire
procedure the foreigner did not express an intention to apply for international protection“. Each
reviewed file of the so-called summary procedure had an official record almost identical to the one
above.
After such procedure, in which everything is assumed beforehand and an interpreter is not even
contacted, a decision on voluntary return is issued, with a deadline by which the foreigner has to leave
the RC, i.e. the EEA. Issuing a return decision in such circumstances does not allow irregular migrants
to present all the circumstances important for issuing the decision, in due time and with an interpreter,
in accordance with Article 30 of the APA. This also constitutes the violation of Article 7 of the APA, which
refers to providing help to an illiterate party, or the recommendations from the trainings organized by
the MoI on the treatment of migrants.
The review of the files found that, in the majority of them, the procedure was carried out on multiple
persons, even 50 at once. Return decisions were issued, and the actions taken were described in a very
short official record, which, besides the statements from the above given sample, also contained their
names and a couple of sentences about how they crossed the border. Moreover, such very short official
records on the implemented procedures were also made in cases of groups with unaccompanied
children. They evidently show that social welfare centres or special guardians were not contacted,
children were not taken to a mandatory medical examination, and it is especially not evident how family
relationships within the group were established. It is therefore assumed that this was also defined only
on the basis of the statement of an older group member, which again brings into question the
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