Report on the Performance of the Activities of the National Preventive Mechanism for 2019
the garage until the criminal investigations were concluded, in order to shelter them from
unfavourable weather conditions even though the accommodation conditions there were
unsatisfactory; furthermore, that water, food and use of a toilet were made available to all the
persons involved, that they were not physically or psychologically abused during the process, and
that their overall stay at the station lasted no more than a few hours. However, in the course of our
investigation, having directly inspected the case-files and the secondary records, we established that
the two groups mentioned were not the only larger migrant groups processed at the BPS during
2019, yet we were unable to establish the reasons and criteria for detaining some, and not others,
at the garage. In addition, it could not be ascertained when and for how long these two groups,
which included children, were in the yard, the garage, or elsewhere on the station premises. Also,
the custody units, which did meet the prescribed conditions, were demolished in February and new
ones, repurposed from the garage space, were completed in July. Thus, the BPS, which is responsible
for a part of the border with BH where migrants often move, and which often deals with migrants,
even larger groups, was left without an adequate space to accommodate them other than the yard
and the garage, holding persons in which is a breach of Art. 3 of the ECHR, that is, degrading
treatment, as it violates human dignity and causes feelings of fear, suffering and subordination (M.M.
v RC (2015)). In addition, in view of the concept of deprivation of liberty in line with Art. 5, para. 1 of
the ECHR, and Art. 4, para 2. of OPCAT, there was a failure to record when the persons were brought
into the BPS, and why between six and ten hours elapsed between their discovery and their arrest,
that is, why they were not arrested as soon as circumstances allowed, which is necessary in order to
establish the duration of the deprivation of liberty. Moreover, a direct inspection of the secondary
26
records and cases has established that these groups were there over a longer period, rather than
just a few hours, as the written answer had stated.
Allegations of illegal treatment of migrants, both from CSOs and international NGOs reports, as well
as from the complaints received, correspond with the allegations contained in a complaint sent to
the Ombudswoman by a police officer from a border police station, which he submitted
anonymously, due to fear of negative consequences for his family and work. He describes a
command by senior police officers to take actions against irregular migrants, that is, alleges that
based on an order by the commanding officer of the BPS and the "executives and management",
police officers were instructed to return all refugees and migrants into BH territory, "no papers, no
processing" so as to leave no trace, to take their money, break their mobile phones and throw them
into the river, or keep them for themselves. In addition, his appeal to stop such behaviour is worrying,
as he states that the situation in reality is even worse than what the Ombudswoman stressed in her
public statements, but that he cannot do anything out of fear of getting dismissed, as he would not
be able to feed his family.
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