Almost all national bodies have declared they are
The Italian National Guarantor has no
not required or are unable to carry out checks and
direct experience of post-return
monitor the landing phase and the operations
monitoring or collaboration with the
immediately following arrival in the countries of
Ombudsman or similar institution in the
origin. Only the British IMBs declare that, during
countries of return. However, it
the monitoring of charter flights and only for some
considers this activity of particular
countries, the monitor is allowed to observe the
importance and is interested in the
landing in the terminal and the handover of
possibility of activating collaborations.
returnees to local authorities.
Among the instances of monitoring the phase following handover of returnees to the
authorities of the countries of origin, however, the Swiss NCPT started a project in January 2019
in collaboration with the NPM of Kosovo, to assess the post-return phase of returnees and in
particular their treatment once they arrive at the airport. The Kosovo NPM monitor is informed
by the Swiss NCPT so that it can be present during the take-over of the local authorities at the
time of landing.
The Spanish Defensor del Pueblo also has experience in this type of collaboration: on the
occasion of Frontex operations organized by its country, in fact, the organization contacts the
local Guarantor or the Ombudsman, where present, to inform it of the arrival of the flight,
communicating the number of returnees and the time of arrival, so as to allow monitoring of
the phase of landing and re-entry.
3.9 Communication of recommendations and results achieved
The institutions of European countries responsible for monitoring forced returns are required
to produce and send an annual Report or a direct report to Parliament and to the heads of the
Authorities responsible for carrying out the return operations.
This Report usually details and elaborates both qualitative and quantitative data collected
during the monitoring missions carried out and generally ends with recommendations and best
practices, with the aim of improving the conditions of returnees in compliance with European
standards (Return Directive 2008/115/EC - Article 8, paragraph 6). 16
In general, the monitors that responded to the questionnaire claim they are satisfied by how
annual recommendations and reports are met and implemented by the authorities to which
they are addressed (the Netherlands, Cyprus, Finland, Spain, the United Kingdom and Greece).
Here, too, there are some differences. The Finnish Ombudsman requests monitors to deliver
reports for each monitored operation and a written feedback is sent to the Police Board. The
annual report is well received by the police force, which includes the Guarantor’s
recommendations in their codes of conduct.
The Swedish Migration Agency (Migrationsverket), operational since August 2018, sends its
reports to the agencies involved in returns, as well as to associations and civil society
organizations.
The Belgian monitor creates a detailed report of each mission and sends it to the Ministry of
the Interior, the Secretary of State for Asylum and Migration, the Department of Migration and
the Directorate of the Federal Police. Recommendations are sent separately to each body and
authority concerned. A meeting with stakeholders is organized annually to discuss
Return Handbook - Commission Recommendation (EU) 2017/2338 of 16 November 2017; Frontex Code of
Conduct.
16
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