Access to the territory and push backs

Croatia

Country Report: Access to the territory and push backs Last updated: 10/07/24

Author

Croatian Law Centre Visit Website

In 2023, according to the information from Croatian civil society organizations since entering into the Schengen area, push backs were not reported in such numbers as in previous years. However, in the second half of 2023 and at the end of 2023, an increase in push backs numbers was once more observed.

 

Illegal border practices, push-backs and ill-treatment

According to the Ministry of Interior, there were 69,726 irregular border crossings in 2023, thus marking an increase of 37,7% compared to 2022 when 50,624 irregular border crossing cases were recorded. The main countries of origin of persons apprehended while irregularly crossing the border were Afghanistan (22,100), Türkiye (13,480), Morocco (6,248), Pakistan (5,286), Iraq (4,095) and Syria (3,922). Out of this number, 54,026 persons were found in the depths of the territory, 13,727 were apprehended near the border, 1,134 at the border crossing point and 839 were accepted by the police of another state.[1]

Ombudspersons reported that out of the total number of irregular border crossings, 6,059 decisions with a deadline for voluntary departure were issued, of which 1,192 voluntary departures from the Republic of Croatia were recorded, and 7,554 expulsion decisions were issued ordering applicants’ forced removal.[2]

As for readmission procedures, from mid-2022, the Ministry of Interior sends requests to Bosnia and Herzegovina and Serbia for the readmission of third-country nationals, in cases where there is irrefutable evidence in accordance with the bilateral readmission agreement with Serbia and Bosnia and Herzegovina, i.e., the EU-Serbia readmission agreement, which began to be applied at the beginning of 2023. According to the Government, in the first ten months of 2023, 11,285 requests for the readmission of migrants were sent to BiH, of which 5,933 were answered positively, while 2,279 people were returned. In the same period, 663 requests for the readmission of migrants were sent to Serbia, of which 400 were answered positively, while 290 persons were returned.[3] As Croatia entered the Schengen area from January 1, 2023, a system of surveillance at internal borders was established through the so-called compensatory measures. In the first ten months of 2023, through the aforementioned measures, 24,968 migrants who were issued a return decisions or who had previously expressed their intention to seek international protection were discovered, and were then directed to follow the return decision or return to the reception centre and were in that manner prevented from entering Slovenia irregularly.[4]

In June 2023, the Memorandum of Understanding between Croatia and Frontex was signed and aimed at establishing a collaboration in the return’s procedures of third country nationals. For the implementation of return procedures, Frontex will deploy experts in Croatia for a period of 6 months who will provide technical assistance in identification, but also operational assistance in the implementation of voluntary and forced returns and promote voluntary returns.[5]

Pushback practices reported by national and European NGOs and other actors

Although with entering into the Schengen area, push backs were not reported in such numbers as in previous years, pushback practices persisted throughout 2023, as reported by organisations such as the Danish Refugee Council (DRC), PRAB initiative, the Border Violence Monitoring Network (BVMN),[6]  and the Centre for Peace Studies (CPS).

The Ombudswoman reported that in 2023, a significant decrease in the number of complaints on push-backs to the ombudsperson was recorded. However, the Ombudswoman also observed that CSOs continued to report on the collected testimonies of persons being pushed back. The Ombudswoman for Children also reported that, according to DRC, out of total of 3,323 persons that were pushed back from Croatia to BiH in 2023, 10% were children.[7]

According to the Danish Refugee Council (DRC), 3,323 persons were pushed back from Croatia to Bosnia and Herzegovina (BiH) in 2023. Out of the total number of pushbacks, 825 persons reported denial to access the asylum system. According to DRC, the number of persons reporting pushbacks does not necessarily represent the number of unique individuals, as the same individual(s) may experience repeated pushbacks to BiH.[8] UNHCR data further indicates that 89 persons were pushed back from Croatia to Serbia in 2023.[9]

The Centre for Peace Studies (CPS) reported, that although CPS noted a continuation of push backs, they observed more legal, though not always humane police actions that led to an increase in the number of applicants for international protection. Notwithstanding, in the second half of 2023, CPS noticed an increase in the total number of pushbacks including those related to serious violence, theft and other violations of human rights. CPS also reported that problems with readmission procedures have been observed. Testimonies of persons expelled by readmission, as well as information from non-governmental organizations operating in BiH, cause concern that readmission procedures are being applied contrary to legislation and with the intention of denying access to the asylum system.[10]

The Border Violence Monitoring Network (BVMN) also reported about a significant increase in pushbacks and other types of violence along the Bosnian-Croatian border in the second half of 2023.[11]

In 2023, the organization Borders:none,[12] conducted research on the respect of the rights of refugees and persons seeking international protection in terms of access to international protection after Croatia entered the Schengen area. The research was conducted as part of the project “Better system, better respect for human rights”, with financial support from Iceland, Liechtenstein and Norway within the framework of EEA grants through the Active Citizenship Fund. Based on the results of the research, recommendations were drawn up and sent to the competent institutions. Their recommendations for improvement of the system are as follows: ensure the provision of accurate and complete information when handing over the certificate of registration of applicants for international protection in the presence of interpreters/cultural mediators. The same should be applied when handing over return or expulsion decision; inform foreigners in the return procedure about their rights, especially regarding the right to free legal aid together with information on whom to contact in order to exercise that right; to protect minors when seeking international protection and/or when applying measures to ensure return of minors; and to strengthen the monitoring of the actions of police officers in order to prevent irregular treatment of migrants and protect their fundamental rights and dignity, especially taking into account that among migrants there are also unaccompanied minors and other vulnerable groups.

Following repeated allegations in previous years, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) organised an ad hoc visit to Croatia in August 2020. The report was published at the end of 2021, raising alarming concerns vis-à-vis police violence, notably in the context of pushback operations.[13]

Push-back practices reported by the media

In April 2023, the media published information that from August 2019 until February 2020, the Croatian police, more specifically the group of their officials involved in so called Corridor 2 West operation, had been exchanging a large amount of data and photos of migrants caught irregularly crossing the Croatian border via the WhatsApp application.[15]

The Minister of the Interior stated that the police WhatsApp group, part of whose content was made public, was intended for operational communication in the fight against migrant smugglers, and that all actions against migrants were officially recorded.[16]

In its statement,[17]the Ministry of Interior  stressed that they doubt the authenticity of the messages. They stressed that Operation Corridor is multi-annual action carried out by mobile operational teams made up of police officers from different branches of the police throughout the Republic of Croatia. They  emphasized that the activities undertaken as part of the action Corridor are not directed towards migrants, but towards the perpetrators of criminal acts in which migrants are victims.

Reactions from UN bodies and European human rights bodies

In August 2020, the Council of Europe Committee for the Prevention of Torture (CPT) completed a five-day rapid reaction visit to Croatia to examine the treatment of persons attempting to enter the country and apprehended by the police.[18] The delegation visited several temporary reception centres and informal migrant settlements in north-west Bosnia and Herzegovina, where it interviewed and medically examined many migrants who claimed they were apprehended by Croatian law enforcement officials within the territory of Croatia and forcibly returned to Bosnia and Herzegovina. In Croatia, beside the Reception Centre for Foreigners in Ježevo, the delegation visited the Cetingrad Border Police Station, the Donji Lapac Border Police Station, the Korenica Border Police Station, the Intervention Police Unit of the Karlovac Police Administration (Mali Erjavec).

According to the report, there were cooperation difficulties i.e., the list of establishments provided to the CPT’s delegation concerning the places where foreign nationals may be deprived of their liberty was incomplete, the police officers met in the police establishments visited by the CPT’s delegation were poorly informed about the mandate of the Committee, especially as regards the CPT’s right of access to all documentation containing information relevant to its mandate. (See AIDA Country Report on Croatia – 2021 Update)

In March 2022, the CPT published the response of the authorities to the report on the Committee’s ad hoc visit to Croatia.[19]

In February 2022, the President of the CPT, met with Croatian Deputy Prime Minister and Minister of the Interior, in Strasbourg, further to their previous meeting in October 2021 to continue their discussions on the treatment of migrants deprived of their liberty. The talks focused on the implementation of the recommendations contained in the CPT’s report on the 2020 ad hoc visit to Croatia, published on 3 December 2021.[20] No new information is available on potential measures taken to address the CPT’s recommendations.

In October 2023, UN Committee on the Elimination of Racial Discrimination (CERD) published its Concluding observations on the combined ninth to fourteenth periodic reports of Croatia. CERD states that the Committee is concerned about reports of cases of expulsions and pushbacks of migrants, and of excessive use of force by law enforcement officials resulting in injuries and bodily harm and accordingly recommends to Croatia to refrain from conducting collective expulsions and pushbacks, provide access to its territory for persons in need of international protection, respect the principle of non-refoulement and conduct investigations into cases of collective expulsions, pushbacks and excessive use of force and violence by law enforcement officials against migrants, refugees and asylum-seekers.[21]

In September 2023, the Council of Europe Expert Group on Action against Violence against Women and Domestic Violence (GREVIO) published its baseline evaluation report on Croatia.[22] GREVIO carried out an evaluation visit to Croatia from 17 to 21 October 2022. GREVIO’s report contains a comprehensive analysis of the implementation of the provisions of the Istanbul Convention in Croatia. It acknowledges the steps taken by Croatia to comply with the Istanbul convention and identifies areas where progress is still needed. In its report on Croatia, GREVIO made some observations and recommendations which are related to migrant and asylum-seeking women. Amongst other, GREVIO stated that it was alerted about the denial of access to the territory and asylum as well as of violence and misconduct by border police at the borders with Serbia and Bosnia and Herzegovina of sufficient severity to amount to inhuman and degrading treatment contrary to Article 3 of the European Convention on Human Rights. Those reports included incidents involving women, pregnant women, female-headed households, families with children and unaccompanied and separated children. GREVIO urges the Croatian authorities to urgently identify and take action in all cases of border police violence against women to provide justice for past abuse and ensure such abuse is not permitted to take place with impunity in the future.

In addition, GREVIO strongly encourages the Croatian authorities to take measures to ensure that improvements are made in the identification, processing and protection of migrant and asylum-seeking women who are or may become victims of gender-based violence. This includes, amongst other, ensuring that all women arriving at the border are allowed to have their claim for international protection recognized and recorded; collecting quantitative and qualitative data on the number of women arriving at the border; providing standard operating procedures and gender-sensitive guidance on identifying, interviewing, processing and determining claims of gender-based violence to all officials likely to encounter migrant women. The existing standard operating procedures relating to prevention and protection in accommodation centers may serve as a good model:  ensuring that adequate information is provided to women seeking asylum at the borders, in landing settings, hotspots and reception facilities to increase their awareness of their vulnerabilities and rights, their right to redress in case of mistreatment by border guards or others and facilitating their access to general and specialist support services;  and monitoring and evaluating the impact of the training provided to border and migration officials.

Litigation on pushback practices and relevant complaints

According to the Centre for Peace Studies, a group of refugees who were victims of a particularly brutal pushback from Croatia to Bosnia and Herzegovina (BiH) which involved severe violence and sexual abuse in October 2020, filed a new complaint to the Constitutional Court in April 2023 due to an ineffective and inadequate investigation of the pushback case, i.e., two years have passed since the filing of the criminal complaint, and the state attorney’s office has not opened an official investigation.[23]

The case M.H. and others v. Croatia concerned an Afghan family of 14, in which the ECtHR found Croatia to have violated several articles of the ECHR. According to the complainants, the mother and her six children were pushed back by Croatian authorities in November 2017 after crossing the border from Serbia. The group was intercepted by Croatian police officers when resting in a field and despite expressing the wish to seek asylum they were taken back to the border and told to return to Serbia by following a train track in the area. As a train passed, it hit one of the children, a six-year-old girl that died following the incident. On 21 March 2018, Croatian authorities apprehended the applicants who had attempted a second crossing. Despite expressing a wish to apply for asylum they were detained in a transit immigration centre in Tovarnik. In its judgment, the ECtHR found several violations of the ECHR including ineffective investigation into the child’s death (article 2 procedural), degrading treatment of child applicants detained for a period above two months (article 3 substantive), failure to demonstrate required assessment, vigilance and expedition in proceedings in order to limit family detention as far as possible (article 5 § 1), restriction of contact with the chosen lawyer, pressure placed on the lawyer aimed at discouraging pursuit of case (article 34), and collective expulsion by Croatian police outside official border crossing and without prior notification of Serbian authorities (article 4 para 4). In April 2022, in the case M.H. and Others v. Croatia,[24] the ECtHR’s Grand Chamber panel of five judges rejected the Croatian request for referral and the judgement became final.[25]

The organisation Centre for Peace Studies – who intervened in the case – and activist alliance Are You Syrious called for the interior minister and others responsible within the police to be dismissed in light of the ruling. In December 2022, the Action plan was published.[26] The plan concerns measures that the authorities have taken to bring the violations to an end and to provide redress to the applicants. The Centre for Peace Studies and the Human Rights House Zagreb prepared recommendations for the execution of the judgment of M.H. and Others against Croatia.[27]

In 2023, Centre for Peace Studies and the Human Rights House Zagreb prepared final recommendations for the execution of the judgment of M.H. and Others against Croatia.[28] With this second and last submission, the organizations gave proposals for measures to execute the judgment and prevent further violations of the human rights of refugees and other migrants in Croatia. The aim of submission is to inform the Committee of Ministers that the measures proposed by the Government are not sufficient for the appropriate implementation of the judgement. Centre for Peace Studies and the Human Rights House Zagreb, stated that individual measures have been ineffective and insufficient. Regarding the general measures, they stated that structural and complex problems amounting to systematic human rights violations have continued and are still ongoing in Croatia.[29]

The Ombudsperson, as a member of the Expert Council for the execution of judgments and decisions of the ECtHR, proposed improvements to the Action Plan, judging that the proposed measures are not sufficient and do not address every conclusion and recommendation of international bodies and organizations to which the judgment refers. Given that the Ombudsperson’s proposals were not adopted to a satisfactory extent, the Ombudsperson, as a national institution for the protection of human rights, used the possibility to communicate its remarks and proposals directly to the Committee of Ministers of the Council of Europe, which they did in September 2023. The Ombudsperson proposed the establishment of a specialized department or designation of persons specially in charge of these issues within the State attorney’s offices, to deal with criminal charges against police officers. The Ombudsperson also proposed creating special protocols for such cases. Keeping in mind the numerous negative effects that deprivation of children’s freedom has on their physical and mental health and development. The Ombudsperson recommended the development of a plan to ban the placement of children in reception centres for foreigners, especially in cases of long-term deprivation of liberty, as was the case with the brothers and sisters of the deceased girl in the case M.H and Others v. Croatia. The Ombudsperson also proposed providing attorneys at law with unimpeded and CSOs with effective access to reception centres for foreigners; establishing a system of accountability that would enable effective investigation of push-backs and collective expulsion of migrants; providing the institution of the Ombudsperson with systematic and continuous access to data; as well as a series of measures aimed at informing migrants about their rights.[30]

The case is under enhanced supervision before the Committee of Ministers.[31]

In its Annual Report,[32]  the Committee of Ministers reported that it “examined M. H. and Others v. Croatia, concerning inter alia the collective expulsion of a family of asylum-seekers along the railway line at the Croatian border with Serbia and the lack of effective investigation into the death of one of the children who was hit by a train, as well as the detention of the family in prison type conditions which violated the right of minor children under Article 3. It took note of the ex officio reopening of the criminal investigations on the circumstances leading to the death of the child and asked for the examination of all available evidence and proper involvement of the applicants and their legal representative in the investigation. The Committee welcomed the establishment of the independent border monitoring mechanism, the first of its kind in all member states, and noted also the efforts to make the asylum procedure more accessible, including the translation of the asylum information in various languages. The Committee invited the authorities to provide information on the steps taken to limit the detention of children in immigration centres with prison-type elements; and noted with interest the introduction of a regular ex officio judicial review of detention orders as well as a positive trend in the application of alternative measures to immigration detention and the efforts taken by the authorities to ensure the police, including the border police act with diligence in asylum proceedings.”

In 2022, a Rohingya child submitted complaints against Croatia and Slovenia at the UN Committee on the Rights of the Child for multiple violations of the Convention on the Rights of the Child (CRC). After many years looking for protection, he spent over a year in Bosnia and Herzegovina (BiH) from 2020 to 2021, having to survive without State support or medical care, sleeping rough in forests and squatting in abandoned buildings. During this time, he was pushed back five times from Croatia to BiH. In Slovenia, he was subjected to a “chain” pushback, by which he was forcibly returned first to Croatia by Slovenian authorities and then onwards by Croatian authorities to BiH. The child faced beatings by Croatian border officers, had his belongings burnt and his shoes confiscated. The applicant’s complaints argue violations of the CRC, in relation to his expulsions and ill-treatment, and the States’ failure to assess his age or apply any of the relevant safeguards under articles 3, 8, 20(1), and 37 CRC. The child corroborated his accounts with a range of digital evidence. The complaints were filed against Croatia and Slovenia with the support of ECCHR and Blindspots.[33]

 

Border monitoring

An independent monitoring mechanism (IMM) for border monitoring was established in Croatia in the summer of 2021.[34]

Initially IMM was established for a one-year period with the possibility of extension, while activities were planned to be carried out at the Croatian border (border crossings / police stations / police administrations) with Bosnia and Herzegovina, Montenegro and the Republic of Serbia and in the reception centres for foreigners.

A second agreement was signed in November 2022 to be implemented for a period of 18 months with automatic extension, through announced and unannounced visits to police stations, police administrations, the external border, including the green border, at the border crossings with Bosnia and Herzegovina, Montenegro and Serbia, as well as and in Reception Centre for Applicants of International Protection and in reception centres for foreigners.[35]

The activities of the Independent Monitoring Mechanism include 20 visits (announced and unannounced) in order to monitor police officers’ treatment of irregular migrants and applicants for international protection in the implementation of regulations governing State border surveillance and international protection, announced visits to green border and access to case files regarding complaints of alleged illegal treatment of irregular migrants and applicants for international protection. The direct activities of the Independent Monitoring Mechanism are carried out by two representatives of civil society organizations.

Within seven (7) days after the monitoring visits, monitors shall jointly compile an individual report and submit it to the Coordinating Committee. The first semi-annual report of the Independent Monitoring Mechanism for the period June – December 2021 was published at the end of 2021 and is available online.[36] The first annual IMM’s report covering period June 2021 – June 2022 was published in July 2022.[37] More information on IMM’s findings can be found in the previous update of the present AIDA report.[38]

Centre for Peace Studies reported that, until June 2023, no monitoring activity was carried out by IMM.[39] According to the Fundamental Rights Agency, IMM did conduct several border monitoring visits in 2023 but, due to funding issues, the analysis of these visits is pending.[40]

The Ombudsperson reported that during 2023, IMM has published neither an annual nor semi-annual report on its work.[41]

The Ombudsperson for children is a member of IMM’s Advisory Board. In this capacity, during 2023,the Ombudsperson for children made recommendations to IMM in relation to the latter’s activities. Although IMM continued to carry out monitoring activities in 2023, the Advisory Board was informed about IMM’s financial difficulties and challenges. As a result, not all the objectives of IMM have been achieved in full nor has IMM worked in full potential.[42]

In February 2023, the IMM organized a round table entitled “Compensatory measures” in the premises of the Croatian Red Cross. In addition to compensatory measures, the role and functioning of the IMM were also discussed. The head of the Coordination Committee of the IMM pointed out that the IMM is opening up more to the professional public, the non-governmental sector, and citizens in general. He also noted that unannounced visits to the green border have been defined with the Ministry of Interior, but with respect for the security situation. In response to the comment of the non-governmental organization Are You Syrious that unannounced visits to the green border should still be announced, it was pointed out that there is nothing problematic in this, considering that the terrain along the border can be mined and is also generally difficult to access, so accompaniment of police officers is solely for security purposes.[43]

In 2023, UNHCR and the Croatian Law Centre in cooperation with the Ministry of Interior organised and held two workshops on access to the international protection system and protection of vulnerable groups for the border police officials. Lectures were held on the following topics: Human rights of the persons on the move and access to the asylum system, Recognition and protection of vulnerable groups, Techniques of interviewing vulnerable groups, Responsibility of police officers regarding the prevention of irregular migration. The lecturers were law professor and representatives of the UNHCR, Croatian Red Cross, Women’s Room and CLC. Altogether, 40 police officer attended the trainings.

In 2023, the Directorate for European Affairs, International Relations, and European Union Funds of the Ministry of Interior adopted a Decision on the direct allocation of financial resources for the implementation of the project “Basic Rights Course for Border Police Officers” within the Integrated Border Management Fund.  The purpose of the project is to strengthen the capacity of border police officers, to perform tasks of surveillance of the external border of the EU, applying the principles of fundamental human rights as well as measures and actions undertaken to prevent and detect irregular entry and stay of persons as well as suppression of cross-border crime.[44]

 

Legal access to the territory

Based on the 2015 Decision on relocation and resettlement of third-country nationals or stateless persons who meet the conditions for approval of international protection,[45] Croatia has committed to accept 150 people through resettlement. Due to the high number of people who withdrew from the process during the selection missions, this quota was filled in October 2018 following four selection missions. By way of illustration, another mission took place in February 2019, during which 141 Syrian refugees identified by UNHCR were interviewed and 103 selected for resettlement.[46] In addition, Croatia continued to implement the 2017 Decision on resettlement of third-country nationals or stateless persons who meet the conditions for approval of international protection, which requires Croatia to accept up to 100 persons.

In 2019, Croatia has fulfilled its pledge within the EU resettlement scheme to effectively resettle 250 Syrian refugees from Türkiye, according to the Decisions on Relocation and Resettlement of Third-country Nationals or Stateless Persons Eligible for International Protection from 2015 (150 persons) and 2017 (100 persons).[47]

A Decision on the resettlement of third-country nationals or stateless persons who meet the conditions for approval of international protection for 2019 entered into force in February 2019.[48] The Decision foresees that Croatia will accept up to 150 persons through resettlement or shall participate in other forms of solidarity with EU Member States.  However, in 2022 a Decision to revoke the Decision on resettlement of third country nationals or stateless persons who meet the conditions for approval of international protection for 2019 was issued.[49]

Although the Ministry of Interior reported in previous years that they do not keep statistics on the average duration of the resettlement process, they stated that the procedure from the receipt of the file from UNHCR to the transfer of refugees to Croatia lasts around six months on average.

In addition, a new Decision on relocation of the third country nationals or stateless persons who meet the conditions for approval of international protection was adopted in July 2022.[50] In accordance with the aforementioned decision, Croatia will participate in the relocation of 60 third-country nationals or stateless persons who meet the conditions for granting international protection from Greece, Cyprus, Italy, Malta and Spain. Based on that decision, on 1 March 2023, Croatia accepted 10 applicants for international protection from Italy, as part of voluntary programme of solidarity with EU Member states under great migration pressure. Applicants are citizens of the Ivory Coast (three married couples, one of whom has a minor child, and three single men). The mentioned persons arrived in Croatia accompanied by IOM employees.[51] According to information provided by IOM, in 2023, IOM assisted in the relocation of migrants from Italy to Croatia by purchasing travel tickets, organizing travel, stabilizing their health condition before departure, assisting in transit and operational escort.[52]

In 2020, Croatia decided to take part in the relocation of unaccompanied children from Greece.[53] It was expected that relocation would take place in the course of 2021. Although the Croatian government originally planned to accept ten children, after the fire at the Moria camp in Greece, it was decided that 12 children would be relocated to Croatia.[54] However, Croatia’s efforts to relocate 12 asylum-seeking unaccompanied children (all girls) from Greece failed, as all of them applied for international protection while transiting at the Amsterdam International Airport.[55] Their transfer to Croatia was thus cancelled as the competent Dutch court designated the Netherlands as the state responsible for examining their applications for international protection.[56]

In 2021, Croatia responded to the call of the European External Action Service (EEAS) on evacuations from Afghanistan and decided to accept 20 people whose lives and security were endangered by the arrival of the Taliban regime. In August 2021, 19 Afghan nationals arrived, namely three families with children and one single person.[57] Other Afghan nationals came to Croatia by the end of 2021. A total of 41 Afghan citizens were admitted from August to December 2021, three of whom left the Republic of Croatia to reunite with their families, while the rest were granted asylum.[58] Out of total number, 16 were children.[59]

There is no humanitarian visa foreseen under Croatian legislation for persons in need of international protection.

From January 2022, Croatian Law Centre implemented the project “Complementary pathways for Southeast Europe – COMP4SEE”. The project aimed to contribute to the development of complementary pathways by creating new models of private sponsorship and by making and advocating recommendations for improving national systems in the area of family reunification.[60]

 

 

 

[1] Ministry of Interior: Statistical overview of the fundamental safety indicators and work results in 2023, available at: https://bit.ly/3KOMnAD.

[2] Ombudswoman, Report of the Ombudswoman for 2023, available at: https://bit.ly/3z1mwTf.

[3] Government of the Republic of Croatia, Report on the situation of illegal migration in the territory of the Republic of Croatia for the period since  Croatia’s entry into the Schengen area, available at: https://bit.ly/3z72PcY, 5.

[4] Ibid. page 6.

[5] Ministry of Interior: Vice President Božinović presented the Memorandum of Understanding in the field of returns between the Republic of Croatia and Frontex, 13 July 2023, available at: https://bit.ly/4b4GuKj.   

[6] See, Border Violence Monitoring Network (BVMN), Croatia, available at: https://borderviolence.eu/search/croatia/.

[7] Ombudswoman, Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.

[8] Danish Refugee Council (DRC), Border Monitoring Factsheets January- December 2023, available in English at: https://pro.drc.ngo/resources/documents/border-monitoring-factsheet/

[9] UNHCR, Serbia- Snapshots 2023, available at: https://www.unhcr.org/rs/en/country-reports.

[10] Information provided by the Centre for Peace studies, 30 January 2024.

[11] BVMN, Monthly Report- October 2023, available at: https://bit.ly/3VK6Ahj.

[12] Information provided by Borders:None, 29 February 2024.

[13] Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its ad hoc visit to Croatia from 10 to 14 August 2020, available in English: https://rm.coe.int/1680a4c199.

[14] See e.g., Radio Mrežnica, Another migrant drowned in river Kupa, 11 November 2023, available in Croatian at: https://bit.ly/45oiKzH; Telegram: On the A3, two migrants were found in a truck trailer, one dead, 19 June 2023, available in Croatian at: https://bit.ly/3VqbDCe.

[15] Telegram, Scandal in the Ministry of Interior: leaked WhatsApp messages of police chiefs, they mention deterrence of migrants, 6 April 2023, available at: https://bit.ly/3XrEskf.

[16] Index, Božinović o WA porukama policijskih šefova o migrantima: To je sve službeno, 6 April 2023,available In Croatian at: https://bit.ly/3L6uVYF.

[17] Ministry of the Interior, Action Corridor is directed against smugglers, and communication via an encrypted application within the circle of authorized persons is not disputed, 6 April 2023, available in Croatian at:  https://bit.ly/3KLgA3r; see also MoI, Supplement to the press release on the Corridor action, 6 April 2023, available In Croatian at: https://bit.ly/3xkYwKm.

[18] Council of Europe, ‘Council of Europe anti-torture Committee carries out rapid reaction visit to Croatia to examine treatment of migrants’, 18 August 2020, available at: https://bit.ly/32gXsEs.

[19] Response of the Croatian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its ad hoc visit to Croatia from 10 to 14 August 2020, available in English: https://bit.ly/3KHFrDu.  

[20] European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment: Council of Europe anti-torture Committee (CPT), President holds high-level talks with Deputy Prime Minister and Minister of the Interior of Croatia on migration issues, available in English at: http://bit.ly/3TAHVZP.

[21] United Nations, Committee on the Elimination of Racial Discrimination, Concluding observations on the combined ninth to fourteenth periodic reports of Croatia, CERD/C/HRV/CO/9-14, 2 October 2023, available at: https://bit.ly/3xdOlYe, 8.

[22] GREVIO, (Baseline) Evaluation Report on legislative and other measures giving effect to the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)-CROATIA, 26 May 2023, available at: https://bit.ly/4bdxB10.

[23] Centre for Peace Studies, Refugees file a lawsuit to the Constitutional Court of Croatia: more than two years without effective investigation into a brutal pushback case which included sexual assault, 18 April 2023, available in English at: https://bit.ly/3VsfzCk.

[24] ECtHR, Judgment in the case of M.H. and others v. Croatia (Applications nos. 15670/18 and 43115/18), available at: http://bit.ly/3yWYBRT.

[25] ECtHR: Grand Chamber Panel’s decisions – April 2022, Press Release – Referrals to Grand Chamber, published on April 4, 2022, available at: https://bit.ly/3z0PoI9.

[26] ECtHR: Action Plan-Communication from Croatia concerning the case of M.H. and Others v. Croatia (Application No. 15670/18), available at: http://bit.ly/3LLlVJH.

[27] Recommendations of the Centre for Peace Studies and the Human Rights House Zagreb for the execution of the judgment of M.H. and Others against Croatia, available at: https://bit.ly/42Rajdg.

[28] Final recommendations of the Centre for Peace Studies and the Human Rights House Zagreb for the execution of the judgment of M.H. and Others against Croatia, 28 July 2023, available at: https://bit.ly/3XscvZq.

[29] Human Rights House Zagreb and the Centre for Peace Studies RULE 9.2. COMMUNICATION in accordance with the Rules of the Committee of Ministers regarding the supervision of the execution of judgments and of terms of friendly settlements in the Case of M.H. and Others v. Croatia No. 15670/18 and 43115/18, 18 July 2023, available in English at: https://bit.ly/3VMzAVL.

[30] Ombudswoman, Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.

[31] CoE, Department for the execution of judgements of the European Court of Human Rights, Croatia: Main issues,  available at: https://bit.ly/4evPXNN.

[32] Committee of Ministers, 17th Annual Report of the Committee of Ministers, 2023, available at: https://bit.ly/4eG1xGf, 55.

[33] ECCHR, Rohingya child challenges Croatia and Slovenia over violent pushbacks, 6 July 2022, available at: https://bit.ly/3PDQ0wG.

[34] European Commission: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on Migration and Asylum, September 2021, available at: https://bit.ly/3C86iFs.

[35] Ministry of Interior: A cooperation agreement was signed for the implementation of an independent monitoring mechanism for the protection of fundamental human rights in the conduct of police officers of the Ministry of Interior in the field of border protection, illegal migration and international protection; available at: http://bit.ly/3JGyjbs.

[36] Independent Monitoring Mechanism: The first semi-annual report of the Independent Monitoring Mechanism for the period June- December 2021, available at: https://bit.ly/3KbMgfX.

[37] Independent Monitoring Mechanism: Annual Report of the Independent Mechanism of Monitoring the actions of police officers of the Ministry of the Interior in the area of illegal migration and international protection, June 2021 – June 2022, available in available in Croatian at https://bit.ly/3FKhkDQ and in English at: https://bit.ly/3FMRcbD.

[38] AIDA, Country Report: Croatia, 2022 Update, June 2023, available at: https://bit.ly/3xp0QQG.

[39] Information provided by the Centre for Peace studies, 30 January 2024.

[40] FRA, Croatia’s border monitoring mechanism meets, available at: https://bit.ly/3VWGfNf.

[41] Ombudswoman, Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.

[42] Ombudswoman for Children: Report of the Ombudswoman for Children for 2023, available in Croatian at: https://bit.ly/3zeXcJw

[43] Croatian Red Cross, Održan okrugli stol Nezavisnog mehanizma nadzora, 9 February 2023, available at: https://bit.ly/3Rs7jRt

[44] Ministry of Interior, Basic rights course for border police officers, 17 October 2023, available at: https://bit.ly/4c7E8M0.

[45] Official Gazette 78/2015, 17 July 2015, available in Croatian at: https://bit.ly/3xkI6So.    

[46] SHARE, Integration Magazine, April 2019, available in English at: https://bit.ly/4cmAoWE.

[47] EMN, Bulletin, November 2019, available at: https://bit.ly/3KUi6Ad.

[48] Official Gazette 16/2019.

[49] Official Gazette 88/2022, available at: http://bit.ly/3lLCA5g.

[50] Official Gazette 88/2022, available at: https://bit.ly/3KNVO3f.

[51] Ministry of Interior: Ten people arrived in the Republic of Croatia as part of the relocation mechanism, 3 March 2023, available in Croatian at: https://bit.ly/4c5DxdR.

[52] Information provided by IOM, 29 January 2024.

[53] Telegram, ‘Confirmed to the Telegram: seven EU countries will accept 1,600 refugee children, including Croatia’, 12 March 2020, available in Croatian at: https://bit.ly/3ato5KA.

[54] Telegram, ‘Telegram finds out: After the terrible fire in the migrant camp, the Government is preparing to accept 12 children’, 12 September 2020, available in Croatian at: https://bit.ly/3n6F36E.

[55] FRA, Migration: Key fundamental rights concerns- January- June 2121, Quarterly bulletin, available at: https://bit.ly/3HQapaz.

[56] Ministry of Interior, Decision on revocation of the decision on the allocation of funds for the implementation of the project “New Home”, available in Croatian: https://bit.ly/3KmMkcV.

[57] Ministry of Interior: 19 Afghan citizens arrived in Croatia, available in Croatian at: https://bit.ly/3Ciow7r.

[58] Ombudsperson, Annual report 2021, available in Croatian at: https://bit.ly/3v5TsVi.

[59] Ombudsperson for Children: Report on the work of the Ombudsman for Children in 2021, available in Croatian: https://bit.ly/3KzksTm.

[60] Croatian Law Centre, Complementary pathways for Southeast Europe –COMP4SEE, available at: https://bit.ly/3xkIlNi.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation