in its first statement, the NPM urged it to respond. Thereafter, the
Ministry informed the NPM that the commanding officer could no
longer remember because the incident had occured some time ago.
In this regard, the NPM criticised, above all, the manner in which the
Federal Ministry of the Interior handles criticism from the NPM. First it
does not address the criticism from the NPM at all. Then, if it is an
urgent case, the Ministry indicates that it cannot verify the allegation
due to the lengthy period of time that has passed. If complete
information had been provided at the outset, this prolonged and
ultimately unfruitful process would not have been necessary.
In another case, as in the preceding reporting year, the NPM
complained that the separation of a family in the course of a planned
return to Hungary had at least been accepted. On the first attempt, the
family could not be placed in detention pending forced return because
they were away visiting relatives and could not be found at their
dwelling place. On the second attempt, the husband could not be
found. The mother and children were ultimately placed in detention
pending forced return without the husband and father and were
supposed to be handed over to Hungarian authorities four hours later.
Separation of families
Since the husband could not be found at his dwelling place on two
occasions, the authority assumed that the husband wished to avoid
return. In the opinion of the Federal Ministry of the Interior, this justified
the return of the wife and children without the husband and father of
the children.
The NPM did not assume that the father had gone into hiding or
intentionally sought to prevent his forced return. The Federal Ministry of
the Interior did not weigh the interests as required by Article 8 of the
ECHR. The planned return was ultimately not carried out since the
schedule for the return could not be adhered to despite the efforts of
the Federal Ministry of the Interior.
No weighing of interests
in accordance with
Article 8 of the ECHR
Another observation related to a husband who was to be returned to
Poland with his family. In the course of the forced return, the family
refused to board the aeroplane, whereupon the husband was
restrained and handcuffed. In the course of this action, he collapsed
due to an existing back problem. The children became very agitated
and ran around aimlessly. These scenes were observed by an
independent witness, who provided the NPM with his observations to
be recorded.
Forcible implementation
of a return
In this regard, the NPM, inter alia, made reference to two
recommendations of the former Human Rights Advisory Board at the
Federal Ministry of the Interior stating that, from the standpoint of
proportionality, the interests in carrying out an official act should be
weighed against the risks in the specific situation – particularly if
coercion is going to be used. In the individual case, this weighing of
interests can result in halting the official act, postponing it to a later
time or even cancelling it. In another recommendation, the former
Human Rights Advisory Board at the Federal Ministry of the Interior
stated that, at every stage of a forced return, it should be determined
whether human rights issues have arisen that make a continuation of
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