Report on the Performance of the Activities of the National Preventive Mechanism for 2019
officers at the border to discourage persons attempting to cross it irregularly. However, there is no
record kept of discouragement proceedings, unlike with measures to return migrants (including
readmission), since migrants reportedly do not enter Croatian territory, but, having noticed the
discouragement measures, return of their own volition deeper into the neighbouring country's
territory.
Despite deploying 6,500 policemen at the state border and employing technical equipment,
according to MoI data, in 2019 the number of irregular migrants in Croatia increased by 59.52% in
comparison to 2018.
However, complaints by irregular migrants and CSOs and international NGOs reports are coming in
from the borders with Serbia and Bosnia describing police conduct towards migrants apprehended
inside Croatian territory, ignoring of requests for international protection, and pushbacks over the
green border, very often after seizing money and valuables, or accompanied by violence.
Thus, during 2019, the Ombudswoman opened 35 cases regarding police conduct towards irregular
migrants and seekers of international protection, sometimes even in larger groups. For instance, a
complaint by a complainant who was found with his family near the BH border describes how the
police ignored his, his wife's and their two children's requests for asylum, took their money and
mobile phones, and ordered them back into BH. When he asked to be given back his money, one
of the policemen showed his firearm, said he would shoot, and grabbed one of the children by the
neck, after which the family decided to return to Bosnia and Herzegovina. The complainant managed
to memorize the registration number of the police van and declared that he would be able to
recognise the policemen, and upon return to BH, he filed complaints with the (Croatian) Police
Directorate, the Ministry of Justice and the Ministry of Foreign Affairs, after which, in agreement with
the Police Directorate, his criminal charge was filed at a border crossing. Soon after, he also
submitted a complaint to the Ombudswoman, on the basis of which we conducted an investigation
at the BPS, which denied that any steps have been taken against the complainant. At the same time,
in cooperation with USKOK (Bureau for Combating Corruption and Organized Crime), the
Directorate established that police officers with the aforementioned BPS were not connected to the
described activities, however, the Directorate subsequently did confirm its activities, but not as the
complainant had described them, but as having applied discouragement measures. Considering the
fact that the MoI has categorically claimed that records of discouragement are not kept because
individuals cannot be identified in the absence of contacts with police officers, it is unclear how in
this case they managed to identify the complainant and his family, and why this piece of information
was not stated at the very start of the proceedings.
In connection to the actions taken by the police upon discovering the migrants after their irregular
crossing of the state border, an investigation into the existence of a garage whose characteristics
match those of a garage at one of the border police stations where irregular migrants were allegedly
held without food, water or a toilet, had to sleep on the concrete floor and were prevented from
seeking international protection, is significant. It appears from MoI reports that over the year,
migrants were indeed held on two occasions (first a group of eight, and second of 29 members) at
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