Back CPT publishes reports on monitoring of returns by air

CPT publishes reports on monitoring of returns by air

The Council of Europe’s Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT) published on 15 December 2016 reports on two return flights it had monitored. The first was from Rome to Lagos (Nigeria) on 17 December 2015. The second was from Madrid to Bogotà (Colombia) and Santo Domingo (Dominican Republic) on 18 February 2016.

The return flights took place in the context of two joint removal operations of foreign nationals by air coordinated by Frontex (now the European Border and Coast Guard) and organised by Italy and Spain, with the participation of other countries. The CPT’s delegations monitored all phases of both joint removal operations, including before departure and during the flight.

In its conclusions on Italy, the CPT indicated that some detainees were subject to removal while court appeals in relation to their asylum requests were still pending. In order to reduce the risk of a violation of the principle of non-refoulement, it recommended that the Italian authorities ensure that a foreign national is not removed when a court has suspended removal, when a request for suspension of removal is pending before a court, or when a request for suspension of removal is legally possible. Concerning Spain, the CPT highlighted the need for measures to ensure that all returnees have access to a lawyer and are able to make at least one telephone call to relatives before their removal. In the case of both Italy and Spain, the CPT commented on the inadequate advance notification of removal and stressed the importance of every returnee undergoing a medical examination prior to a removal operation.

Both reports also address specific recommendations to Frontex in relation to the need to develop more precise common rules on the use of means of restraint, since the CPT delegations saw evidence of different approaches by national escort staff, and to further strengthen the newly established complaints mechanism.

The Italian and Spanish authorities have also published their responses to the reports.

COMMITTEE FOR THE PREVENTION OF TORTURE
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page