Report on the Performance of Activities of the National Preventive Mechanism for 2017
protection and that, after the decision on return was issued, he left the premises of the police station,
with a note that no information was received from border crossings that the left the territory of the RC,
as was ordered by the decision.
By conducting further investigation at the police station and reviewing the case file we found that the
reply of the MoI to the Ombudswoman was misleading, incomplete and inadequate, and subsequent
explanations did not clarify the motivation for submitting such reply. Namely, the complainant was
treated in accordance with the orders of the Illegal Migration Department of the General Police
Directorate from 25 November 2016, which state that all irregular migrants apprehended within the
territory, Afro-Asian citizens, who illegally enter Croatia from Serbia, and who are apprehended on the
territory of the Zagreb Police Administration, must be escorted to the Tovarnik Police Station and
Although there is a written record of the order
issued by the Illegal Migration Department of
the General Police Directorate from 25
November 2016, even after repeated requests
based on the Act on the Ombudsman we did not
receive it for review, and the Ministry of the
Interior continuously denies its existence.
handed over to the head of the shift on duty for
further treatment. Unfortunately, although there
is a written record of this order, even after
repeated requests based on the Act on the
Ombudsman, we did not receive the order, and
the MoI repeatedly denied its existence.
Additional instructions accompanying the order
state that police stations are obliged to fill out the form no. 6 (declaration of identity for foreigners
without identification documents) and return decision on the form no. 11, as well as to inform the
Detention and Escort Unit on the need to escort the foreigner to the Tovarnik Police Station.
A series of internal correspondence between the Zagreb Police Station and Zagreb Police
Administration, as well as other documentation enclosed with the reviewed documents, show a
systematic conduct in line with the given order, also confirmed by the review of documentation at the
Detention and Escort Unit of the Zagreb Police Administration. However, the Tovarnik Police Station
and Vukovar-Srijem Police Administration were not able to provide the Ombudswoman with the
information on further treatment of migrants, or their approximate number, and by inspecting the
Register of measures taken towards foreigners at the Tovarnik Police Station it was discovered that they
were not even recorded.
Therefore, the conduct of police officers could be monitored at the police station at the site of
apprehension and at the Detention and Escort Unit of the Zagreb Police Administration, but not after
the officer on duty from the Tovarnik Police Station took over the migrants. The time they were released
was especially hard to determine. We were therefore unable to obtain the data on the number of
migrants treated in accordance with the given order for the period from 25 November 2016 to 15
February 2017.
In this way, during this time, all the foreigners to whom the return decision was issued with a deadline
to voluntarily leave the RC, who were then transported in police vehicles (vans and even buses!) to the
territory of another police administration that does not have the necessary documentation about their
reception nor can provide any information, were deprived of liberty without legal basis by this police
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