Report on the Performance of Activities of the National Preventive Mechanism for 2017
and it is thus necessary to amend the regulation in order to regulate the treatment of irregular migrants
whose freedom of movement is restricted due to their placement in transit and reception centres. This
would ensure the legality of police treatment, as well as legal certainty of irregular migrants, especially
in regards to potential longer restriction of freedom of movement, which is also not regulated.
NUMBER OF APPLICANTS FOR INTERNATIONAL PROTECTION
AT THE TOVARNIK PS, UNTIL 24 NOVEMBER 2017
January
February
0
0
1
March
5
April
May
0
2
June
1
July
5
August
September
0
46
October
48
November
In the procedure of issuing decision on expulsion/return at the Tovarnik Police Station and decision on
restricting the freedom of movement by placing them at the Tovarnik Centre, the basic parts of the
decisions are translated to the foreigners to the language they understand. However, the procedures
themselves are conducted without an interpreter for the language which one justifiably presumes they
understand and in which they can communicate. When an interpreter from the list cannot come to a
police station, translation is provided using technological tools, primarily “Google Translate“. First, the
irregular migrant is treated in accordance with the FA, then a decision on expulsion is issued and then
his/her freedom of movement becomes restricted by placing him/her at the Tovarnik Centre. After all
this, the irregular migrant expresses the intention for international protection. If the migrants were
informed about their rights, especially the right of applying for international protection, during the
procedure and in a language they understand, this could be prevented and thus ensure urgent
protection of vulnerable groups. Namely, according to the data collected on the ratio between persons
placed at the Tovarnik Centre and the number of issued decisions on accommodation, it is apparent
that these are primarily families with children, and the increase in number of applications for
international protection coincides with the initial placement of irregular migrants in the Centre, where
they probably received adequate information about solving their status. It is therefore very important
that migrants, and especially vulnerable groups, in procedures in which return decision are issued, are
informed in clear and adequate way about the possibility of applying for international protection in the
RC.
During and after all conducted investigations and visits, especially regarding complaints about access
to international protection, the Ombudswoman sent a number of warnings and recommendations to
the MoI, especially emphasizing the obligation of conducting urgent and effective investigation and
implementation of 2015 CPT standards that point out that there must be a clear understanding that
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