Report on the Performance of Activities of the National Preventive Mechanism for 2016
detention. Namely, they were accommodated in several sectors that had been divided by a
wire fence, equipped with sleeping and personal hygiene containers. In addition, they were not
allowed to leave their respective sectors, within which they were being supervised by police
officers. Medical assistance, which was provided in the presence of police officers, was available
at request. Besides their freedom of movement being restricted in accommodation conditions
that were inadequate and incompatible with CPT standards, particularly worrying was the fact
that their freedom was being restricted with no valid legal basis. What is more, similar problems
occurred in other countries that opened “hotspots” intended for long-term stay. WTC SB was
closed on 15 April and persons that had hitherto been located in Slavonski Brod, were
transferred either to FRCJ or RFAS Zagreb and Kutina, depending on their status.
In the process of reaching decision on deportation, within the framework of which it is also
decided whether irregular migrants’ freedom of movement shall be restricted, Vukovar-Srijem
Police Administration faced lack of sufficient translation services and refugees were provided
with limited free legal aid. In Županja and Tovarnik Police Stations and Border Police Station
Bajakovo, the procedure of reaching decisions on deportation, return and freedom of
movement restriction by placement in FRCJ, was sometimes conducted without the presence
of a translator to the language for which it can reasonably be assumed that it is understood by
parties and in which they are able to communicate in. What is particularly worrying is
interpretation of the Ordinance on the Treatment of Foreigners, stipulating that within the
return procedure, a foreigner who does not understand the Croatian language may also be
communicated with the aid of technical tools, and this if there are no interpreters for the
language he or she understands in the Republic of Croatia and if it is possible to conclude that
the person has agreed to this type of communication. However, police officials regularly used
this possibility when interpreters from the list were unable to come to the police station and
the tool that they used the most often was Google Translate. What is more, even though police
stations dispose of a list of certified interpreters, there were cases of police officials conducting
procedures in the English language and of foreigners acting as interpreters, who, despite
minimum ability to understand English, interpreted to others. Among many questions that arise
within this context, the one that is particularly prominent is to what extent instructions on legal
remedy are understood.
Due to wrong interpretation of the Ordinance
and involvement in translation activities
without the help of a certified interpreter,
irregular migrants were insufficiently informed
either about their rights within the procedure
or free legal aid. Although it is possible to
assume that they were informed about the
grounds on which they had been arrested, about their right to engage an attorney and that
they were aware of the possibility of submitting a request for free legal aid, given that files
contain forms with their signatures on them – albeit in the Croatian language, it remains
Due to wrong interpretation of the
Ordinance and involvement in translation
activities without the help of a certified
interpreter, irregular migrants were
insufficiently informed either about their
rights within the procedure or free legal aid.
40
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