Access to the territory and push backs

Author

Croatian Law Centre Visit Website

In 2022, besides continuation of the spread of COVID-19, the main challenge continued to be a strict border regime that limits access to the territory and to the procedure for international protection in Croatia, raising serious concerns for the protection of human rights of applicants for international protection.

Illegal border practices, push-backs and ill-treatment

According to the Ministry of Interior, there were 50,624 irregular border crossings in 2022, thus marking an increase of 190.9% compared to 2021 when 17,404 irregularly border crossing cases were recorded. The main countries of origin of persons apprehended while irregularly crossing the border were Afghanistan, Iraq, Burundi, Pakistan, Türkiye and Bangladesh. Out of this number, 34,492 persons were found in the depths of the territory, while 12,071 were apprehended near the border.[1]

Source: Ministry of Interior, Statistical overview of the fundamental safety indicators and work results in 2022, available at: https://bit.ly/3JCs8VW.

Pushback practices reported by national and European NGOs and other actors

Pushback practices persisted throughout 2022, as reported by many organisations such as the Danish Refugee Council (DRC), PRAB initiative, the Border Violence Monitoring Network (BVMN), Save the Children, Are You Serious? (AYS), the Centre for Peace Studies (CPS) and Welcome! Initiative’.

According to the Danish Refugee Council (DRC), 3,461 persons were pushed back from Croatia to Bosnia and Herzegovina (BiH) in 2022,[2] compared to 9,114 in 2021.[3] UNHCR data further indicates that 289 persons were pushed back from Croatia to Serbia in 2022,[4] compared to 928 in 2021.[5]

In 2022, Save the Children and the Centre for Interdisciplinary Studies at the University of Sarajevo published a report analysing[6] the level and types of violence that children experience while attempting to reach Western Europe via the Balkans route. Based on the interviews realised with migrant children, most of the interviewees reported having tried to cross the border from Bosnia and Herzegovina to Croatia more than three times, with the largest number of attempts recorded being nine.

The Ombudsperson for Children reported that at least 120 children were pushed back in 2022 according to data provided by the Border Violence Monitoring Network’s. The actual number is likely higher, as it is not possible to determine the exact number of children present within the large groups that were subjected to pushbacks despite expressing their intention to apply for international protection. Civil society organizations warn that younger children were exposed to psychological and verbal violence, and older to physical violence. Nevertheless, some non-governmental organizations reported having received significantly less calls concerning children in 2022.[7]

Are You Syrious (AYS), as a part of the Border Violence Monitoring Network (BVMN), reported that BVMN collects data on pushbacks.  According to their data in 2022, BVMN collected 123 testimonies of expelled groups, which included at least 1,100 victims. The majority of persons (93.5%) were expelled from Croatia to Bosnia and Herzegovina. Among the interviewed groups who experienced pushback, at least 53 groups (43.1%) included minors, and at least 73 groups (59.35%) declared having tried to request asylum. The most common forms of violence recorded were: beating, theft and destruction of personal belongings (money, mobile phones and portable batteries). AYS also reported that according to BVMN data, violent acts were observed against all groups of people, including towards pregnant women, children, unaccompanied children and elderly persons.[8]

The Centre for Peace Studies (CPS) also reported that push backs practices and denying access to asylum continued in 2022.[9]

In 2022, Common report of CPS and PRO ASYL on systematic human rights violations at Croatian borders was published.[10] This report provides an overview of the unlawful and illegal practices of Croatian authorities in the past six years, especially during 2020 and 2021, as well as the alleged change of the pushback practice in 2022. In 2022, CPS noticed the change in approach of the police towards migrants as police has started issuing more return decision, through the so-called 7-days papers ordering applicants to leave European Economic Area.

Protection Rights At Borders (PRAB) initiative,[11] which focuses on human rights violations at the EU’s external and internal borders and in particular on the illegal practice of pushbacks, also reported on pushbacks from Croatia specifying that victims of the pushback cases reported being denied access to the asylum procedure in 2022.[12]

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. Upon publication of the report at the end of 2021, the Croatian Ministry of Interior responded the following:

“During 2021, the MoI’s Internal Control Department processed 13 cases related to the treatment of migrants by police officers. The actions of the Internal Control Department relate to the preliminary collection of information on events and the collection of evidence of possible disciplinary responsibility of police officers, while other investigations are conducted by specialized services – the criminal police. In connection with the above, disciplinary proceedings have been initiated against 6 police officers – against three for misconduct in the service or outside the service when the reputation of the police is severely damaged – proceedings are underway, while disciplinary proceedings against three police officers have been terminated for non-compliance, negligence, untimely or careless performance of official duties and fines were imposed on them. Criminal investigations in cases from 2021, which have been completed so far (12 cases in total), have not established facts or evidence that would indicate suspicion of committing criminal offences or misdemeanours committed to the detriment of illegal migrants by police officers. However, two procedures are in progress and the decision of competent judicial authorities is pending.”[13]

In April 2022, following an alert from the Slovenian police, police officers found several foreign nationals on inaccessible terrain along the banks of the river Kupa. One of them was unconscious suffered from hypothermia, and died despite attempts at resuscitation made by police officers. The next day, another dead body was found in the river.[14] Also in April, after a call from an unknown person who asked for help as one person from their group had drowned, the police found two bodies in the river Mrežnica, during the search for a drowned person.[15] In December, the body of a foreign citizen was found in the Sava river.[16] In its annual report, the Independent Monitoring Mechanism recommended the introduction of mortality monitoring for irregular migrants.[17]

During the year, the police rescued migrants on several occasions.

In June, police officers rescued nine foreign nationals, including five children, from the wagon of a cargo train.[18]

Police officers from police administration Brodsko-posavska rescued migrants on several occasions. in September, four people were rescued from the swollen Sava river – on the country’s Bosnian border – by some police officers and local citizens,[19] while during October migrants were rescued from the river in two occasions.[20]

In December, police officers rescued migrants from an overturned boat in the same river.[21]

During 2022, UNHCR Croatia continued to carry out its activities, in cooperation with its partners, monitoring of the asylum procedure and advocating for access to territory and asylum, capacity building events aimed at strengthening the asylum procedure and promoting local integration prospects and positive attitudes towards forcibly displaced and stateless people. UNHCR undertook a range of advocacy and operational activities to promote respect for international law and safeguard access to territory and the right to seek asylum. This includes protection monitoring, the provision of information on how to seek asylum, and capacity building of border police and asylum officials.[22]

Push-back practices reported by the media

In 2021, Lighthouse Reports further recorded a footage of a pushback at the border with Bosnia Herzegovina.[23] Forensic examination of the video demonstrated that the masked men had equipment and uniforms consistent with the Croatian police’s riot control branch, called the Intervention Police. Three of the four police officers were using a so-called Tonfa, i.e. a baton that is only issued to the Intervention Police. The research team contacted six police officers who wished to remain anonymous and confirmed that “there is no official order which was officially issued by the Ministry of the Interior. However, internally there is an order that migrants found in Croatia must be returned across the green border. Therefore, the police are not guilty of anything as it is their duty to carry out orders.“[24]This case was followed by independent monitoring mechanism (IMM). By conducting unannounced monitoring and analysing other primary and secondary data sources relating to the video recording broadcast on RTL television on 6 October 2021 (i.e. Lighthouse Reports footage), the IMM established that the members of the riot police acted illicitly by returning irregular migrants from Croatia to Bosnia and Herzegovina outside the scope of permitted national and international law, which was also confirmed by the MoI. Based on this case, disciplinary proceedings as well as criminal proceedings have been initiated against police officers before the competent state’s attorney office.[25]

In January 2022, police officers recorded in the Lighthouse Reports footage retuned to work in their previous work positions.[26]

In February 2022, the INDEX portal published news in relation to the instruction that was sent to police officers regarding migrants’ treatment. According to the portal, the Office of the Ombudswoman has therefore opened the procedure and will request from the Ministry of Interior to deliver the order or guidelines as well as their statement.[27]

Reactions from UN bodies and European human rights bodies

This situation at Croatian’s borders has further drawn attention from the EU ombudsman as well as the Council of Europe.

The EU Ombudsman opened an inquiry in 2020 concerning how the European Commission (EC) monitors and ensures respect for fundamental rights by the Croatian authorities in the context of border management operations supported by EU funds. An Ombudsman inquiry has identified significant shortcomings related to how the EC monitors respect for fundamental rights by Croatian authorities in border management operations supported by EU funds. In closing the inquiry, the Ombudsman suggested a number of improvements to the Commission (including that the Commission should provide up-to-date information on how the monitoring mechanism is working in Croatia, whether it is independent and effective; the EC should also ask for information to Croatian authorities on how it investigated reports of mistreatment of migrants and asylum seekers).[28]

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.[29] 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).

The preliminary observations of the delegation were presented to the Croatian authorities at the end of the visit. According to the Croatian Ombudsperson, the report on the CPT visit was adopted in November 2020 and the CoE Commissioner for Human Rights urged to Croatia to publish it, as it is common practice for CPT reports to be made public, with very few exceptions.[30] In October 2021, representatives of the CPT met with officials of the Ministry of Interior led by the Minister and the State Secretary for European and International Affairs inter alia to discuss why Croatia refused to publish the report. According to the procedure of the Council of Europe, the country to which the report refers must express its consent to its publication, which usually takes place within three months of its adoption.[31] The report on the visit to Croatia carried out by CPT from 10 to 14 August 2020 was finally published in December 2021.[32]

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.[33] In relation to the fulfilment of recommendations formulated by the CPT report, some of the authorities’ responses included the following:

• The Ministry of Interior reported that, on 2 December 2021, “the General Police Directorate of the Ministry of Interior sent a letter to police administrations and stations familiarising police officers once again with the CPT’s mandate in the part regarding immigration administrative detention and other actions towards foreign nationals.”
• Regarding the CPT’s recommendation that individuals must be accorded the fundamental safeguards against ill-treatment the Ministry of Interior argued that “just because a person was transported in a police vehicle or because of any other treatment of a person by the police, it cannot be assumed that the freedom of movement of the person is restricted. The Croatian police often transports various categories of persons (Croatian and foreign nationals, migrants) in police vehicles and according to such a provision, for foreigners who are legally staying, the transport would also represent detention by the police – which is not true, nor is it really the case. Injured and pregnant migrants are transported to hospitals, migrants who expressed the intention to apply for international protection are transported to reception centres, unaccompanied minors are transported to initial medical examinations and in institutions for children, while migrants who were found on the streets or who registered with the police to express the intention for applying for international protection or for any other reason, are transported to a police station for identity verification and collecting information, which does not always imply that they have all been detained by the police “against their own will”. In addition, if it is necessary to assess the voluntary element of a migrant being transported or being treated in a different way, the police will assess it in each concrete case and take measures to formally restrict movement. Furthermore, the Ministry of the Interior stressed that they apply a “zero tolerance for illegal use of coercive means towards any population, as well as zero tolerance for failure to prosecute any criminal offence or misdemeanour committed by police officers which we strongly condemn and do not support in any way.”
• Regarding the CPT’s recommendation for the Croatian police to record every “interception”,i.e. “diversion” of migrants (location, description of the action undertaken, names of officers involved, means used for these purposes etc.), the MoI stressed that migrants who are deterred from attempting to illegally enter the Republic of Croatia are located in the state territory of the neighbouring countries – Bosnia and Herzegovina and Serbia where the Croatian police has no jurisdiction. More precisely, deterrence measures are applied in open and inaccessible terrains (forests, mountains), by day and by night and in all weather conditions which is why it is not possible to obtain personal information from migrants, conduct official hearings etc. Although it is not possible to identify migrants when applying deterrence measures, police officers are obliged to profile (identify) migrants in need of assistance and protection and provide them with it, taking into account the circumstances of each individual case. We would like to point out that police officers are especially trained to recognize such persons. After noticing the measures applied for deterrent purposes, in the majority of cases migrants give up on the attempt to illegally enter the Republic of Croatia and return to the depth of the territory of the neighbouring country in which they are located.

• Regarding the CPT’s recommendation that the Croatian authorities restore the capacity of the NPM to carry out unimpeded monitoring work in all police establishments, which should include the possibility of undertaking unannounced visits and having access to all relevant information in paper or electronic format, the MoI reported that Article 5(1) of the Act on the National Preventive Mechanism (ANPM) “contains a provision on unannounced visits stipulating that “persons who participate in the performance of activities of the National Preventive Mechanism shall have the following powers: perform unannounced visits to bodies or institutions and inspect premises occupied by persons deprived of liberty” and the crucial part, “or potentially occupied by persons deprived of liberty”, stipulated in Article 3 of the ANPM, is omitted at the end of the sentence. As this provision is the only provision in the entire Act mentioning unannounced visits, we consider it to represent a lex specialis regarding unannounced visits and in relation to all other provisions of the ANPM and that an unannounced visit based on the ANPM is authorised only if foreign nationals whose freedom of movement is restricted are located in a police station”. The MoI further stressed that based on this single provision which is vague and ambiguous (Article 5(1) of the ANPM), unannounced visits have become a rule because the Ombudswoman did not announce any of her visits to police stations. In this way, she deliberately made it seem as if information were not given to her because, at the time of the visit to the police station, only police officers who do not have the requested information are most often on operational duty. Due to this, police officers for illegal migration from the headquarters of the police administration have to be called to find case files that the Ombudswoman wants to inspect immediately because the files are not in the information system and are not accessible immediately, which is another fact not mentioned by the Ombudswoman. On the contrary, she tries to imply that, considering she has indirect access to the information system (using requests), she does not obtain information which are not even in the information system (notes, certificates, orders…). In this way, a practice has been created according to which the exception as provided by law has become a rule. As regards access to the information system of the MoI, the Ombudswoman was answered on several occasions that it is strictly under the personal authority of police officers in line with the Instructions for assigning passwords and responses issued by the IT Department of the MoI, police officers are not allowed to give their passwords and responses to other persons nor are they allowed to enable access to the system to other unauthorised persons. The violation of this instruction is considered to be a serious breach of official duty in line with the Police Act.

• Regarding the CPT’s recommendation on the conditions of detention for large groups of “intercepted” migrants who need to be processed at a police station, the Ministry of Interior replied that they are aware that the premises for persons deprived of liberty in individual police stations do not fully meet the prescribed standards. However, they are of the opinion that the possible accommodation in such premises should not be considered a degrading act because it refers to a short-term detention lasting up to 24 hours and the rooms are heated, the persons are given food as well as access to sanitation facilities. On 26 March 2020, the General Police Director sent instructions to all police administrations and stations concerning the recommendation of the Ombudswoman, that if an arrested alien needs to be detained at a police station in accordance with the Aliens Act for a period longer than 24 hours, the prolonged detention must be implemented at the nearest police station which has premises for detention for up to 72 hours.
• As for the CPT recommendation on police transportation, the MoI reported that on 5 January 2022, the General Police Directorate of the Ministry of the Interior sent a letter to all police administration and police stations informing and instructing police officers on the orderly manner of transporting migrants using police vehicles.

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 focussed 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.[34]

Litigation on pushback practices and relevant complaints

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,[35] the ECtHR’s Grand Chamber panel of five judges rejected the Croatian request for referral and the judgement became final.[36]

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.[37] The plan concerns measures that the authorities have taken aimed at bringing the violations to an end and redressing 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.[38]

In 2022, a Rohingya child submitted complaints against Croatia and Slovenia at the UN Child Rights Committee 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 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.[39]

Criticism and accountability

In December 2022, environmental protection organization “Zelena akcija” reported that the police illegally entered one of their premises, without identification or a warrant, looking for “migrants and persons of lower financial status”. Only later, they found out that this was the criminal police.[40]

Border monitoring

The CPT in its report on ad hoc visit to Croatian in August 2020, stated that there were no effective accountability mechanisms nor effective monitoring mechanism capable of examining push-backs.

An independent monitoring mechanism (IMM) for border monitoring was established in Croatia in summer 2021.[41]

According to the PRAB, the mechanism has not been effective in preventing and limiting pushback practices.[42]

The independent monitoring mechanism 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. It will 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.[43]

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.[44]

The first annual IMM’s report covering period June 2021 – June 2022 was published in July 2022. [45]

The report presents the activities and findings of the IMM, as well as cases of established irregularities and examples of good practices.

The monitoring visits conducted in the framework of the IMM were both announced and unannounced. According to the first Agreement, 20 monitoring visits were foreseen during the 1-year period. According to annual report, out of 20 monitoring visits, 3 were announced and 17 unannounced. Direct “activity providers” visited the green border on 5 occasions as part of observations of border police stations accompanied by police officers in the areas of Border police station (BPS) Donji Lapac, Police station (PS) Dvor, BPS Stara Gradiška, BPS Trilj and BPS Korenica. When sampling cases/locations of observations, the IMM was guided by the key selection criteria of the size/number and the degree of vulnerability of persons/groups of migrants, estimated urgency of the observation, assessment of the scale/severity of potential illegalities and geographically unified distribution of conducted observations in correlation with incidence and prevalence of irregular migrations in individual locations. In addition to aggregate statistical data and reports of the Ministry of Interior, the IMM also based the sampling of cases/locations of observations on daily notifications of the Ministry of Interior on persons encountered as irregular migrants (location, number of people in the group, presence of vulnerable persons in the group, origin of group members, etc.) also making sure that observations in BPSs and PSs cover the entire eastern border of the Republic of Croatia.

According to the annual report, no irregularities regarding the right to seek asylum and access to the asylum procedure were registered at border police stations.

The powers of the IMM do not include unannounced visits to the green border nor gaining insight into the Information System of the Ministry of Interior, so the IMM could not observe the actions at the green border of the Republic of Croatia, except during announced visits to the green border conducted in the presence of authorized officers of the Ministry of Interior and in line with their instructions.

Based on the insight into documentation and interviews at border police stations and announced observations of the green border, apart from the cases mentioned below, cases of forcible return of irregular migrants, which would lead to collective expulsions, were not established.

By monitoring, the IMM established that the police conducts, without registering them, permissible deterrence in line with Article 13 of the Schengen Borders Code, as well as illicit deterrence in mine-suspected areas in isolated cases. The IMM further established that the Ministry of Interior misinterprets relevant regulations in situations when irregular migrants know that police officers do not conduct physical control of mine-suspected areas, take full advantage of that circumstance by crossing the state border in these dangerous/(potentially) mined locations and upon crossing and being encountered by police officers claim that they entered the Croatian territory and apply for asylum. However, the interpretation of the border police is that these persons did not in fact enter the Croatian territory, as these areas are considered not “under the actual control of the Republic of Croatia”. Instead they are, “deterred from crossing/entering” in a way that they are returned in harmless locations, without determining whether they are indeed in need of international protection, and should as such be protected from refoulement from the moment they come under the jurisdiction of the Republic of Croatia, let alone on its territory, which is the case in the situation described.

By conducting unannounced monitoring and analysing other primary and secondary data sources relating to the video recording broadcast, the IMM established that the members of the riot police acted illicitly by returning irregular migrants from Croatia to Bosnia and Herzegovina outside the scope of permitted national and international law, which was also confirmed by the MoI. Based on this case, disciplinary proceedings as well as criminal proceedings were initiated against police officers before the competent state’s attorney office.

Among the difficulties faced by irregular migrants, the annual report states that illegal acts of members of the Croatian police towards migrants (e.g. use of force) with the aim of forced return have been recorded. In describing cases of illegal use of force, irregular migrants stated that force was applied by persons in dark uniforms without markings, with “phantoms” on their heads, equipped with batons.

For the duration of the IMM (from June 2021 to June 2022), based on claims from various sources (requests of the Ombudswoman, Ombudswoman for Children, Office for the Prevention of Corruption and Organized Crime (USKOK), State Attorney’s Office, media, individual complaints, nongovernmental organisations etc.), thirty-five cases were initiated in the Internal Control Department of the Ministry of Interior, which monitors the actions of the border and riot police regarding possible violations of rights of refugees and migrants irregularly entering the Republic of Croatia. Fifteen of these cases were finalised and in seven of them sanctions were imposed. Three out of the said seven sanctions refer to police officers from the RTL report. They were sanctioned due to improper conduct and abuse of power.

According to the information presented in the Action plan concerning the case of M.H v. Croatia, in 2022, among other topics, trainings on the topic of protection of fundamental rights regarding treatment of migrants were conducted for (border) police officers.[46]

Under the Agreement with the Ministry of Interior, CLC organised training for border police officers – multipliers in the field of asylum in April 2022.

In addition, in 2022, UNHCR and the Croatian Law Centre in cooperation with the Ministry of Interior organised and held 3 workshops on the subject “Protection of human rights and access to the system of international protection” for police officers. In total 57 police officers participated at workshops. The following topics were discussed at the workshop: human rights of migrants, protection and identification of vulnerable groups, access to asylum system and the responsibility of police officers regarding the prevention of irregular migration in the light of the ECtHR judgment – M.H. v. Croatia.

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, 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.[47] 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.

A Decision on 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]

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.

In May 2019, in the framework of the Croatian resettlement programme, 50 Syrian citizens arrived in the Reception Centre of Kutina. Four representatives of the Ministry of the Interior participated in the study visit from 24-28 June 2019 as part of the resettlement programme. The study visit aimed to exchange experiences and best practices with Portuguese colleagues while Portugal was conducting a selection mission in Türkiye, Ankara.[51]

According to the Ministry of Interior, the seventh group of refugees from Türkiye arrived in Croatia as part of the European Resettlement Program on 21 August 2019. The group consisted of 8 families i.e 41 citizens of the Syrian Arab Republic, of whom 24 are minors.[52] 7 Syrian nationals (2 families) arrived on 30 August 2019. As a result, 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).[53]

In 2020, Croatia decided to take part in the relocation of unaccompanied children from Greece.[54] It was expected that relocation will 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.[55] 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.[56] 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.[57]

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.[58] 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.[59] Out of total number, 16 were children.[60]

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 6 months on average.

In January 2022, Croatian Law Centre started the implementation of the project “Complementary pathways for Southeast Europe – COMP4SEE”. The project aims 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.

[1] Ministry of Interior, Statistical overview of the fundamental safety indicators and work results in 2022, available at: https://bit.ly/3JCs8VW.

[2] Danish Refugee Council (DRC): Border Monitoring Factsheets January- December 2022, available in English at: http://bit.ly/42BEYfK.

[3] 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.

[4] UNHCR, Serbia- Snapshots January- December 2022, available at: https://bit.ly/3FJF7E1.

[5] UNHCR, Serbia- Snapshots January- December 2021, available at: https://data2.unhcr.org/.

[6] Save the Children: Report “Wherever we go, Someone does us Harm: Violence against refugee and migrant children arriving in Europe through the Balkans“, available at: http://bit.ly/3Z5N6Sx.

[7] Ombudsman for children report for 2022, available in Croatian at: https://bit.ly/45Dzl1W.

[8] Information provided by AYS. 3 February 2023.

[9] Information provided by the Centre for Peace studies, 18 January 2023.

[10] Centre for Peace Studies: Common report of Centre for Peace Studies and PRO ASYL on systematic human rights violations at Croatian borders, available in English: https://bit.ly/3lINSat.

[11] Danish Refugee Council (DRC), Protecting Rights at Borders (PRAB), available at: https://bit.ly/3hCiEfw.

[12] Initiative PRAB: Beaten, punished and pushed back, Report January – December: available at: https://bit.ly/3n9bnK9.

[13] 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://rm.coe.int/1680a5acfc, and Croatian: https://rm.coe.int/1680a5acfd.

[14] Novi list, available at: http://bit.ly/3JFzQ1n.

[15] Available at: http://bit.ly/3JCcGc9.

[16] Available at: https://bit.ly/3JnvYmy.

[17] 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 Croatian at https://bit.ly/3FKhkDQ and in English at: https://bit.ly/3FMRcbD.

[18] Police administration vukovarsko- srijemska, available at: https://bit.ly/3CBWJzB.

[19] Police administration brodsko-posavska, available at: https://bit.ly/3piwECz.

[20] Police administration brodsko-posavska, available at: https://bit.ly/3Xe5vgN.

[21] Jutarnji list, available at: https://bit.ly/3JKKEfJ.

[22] Croatian Law Centre, The Croatian Asylum System in 2022- National Report ; The report was prepared as part of the project „Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.

[23] Lighthouse Reports, Unmasking Europe’s shadow armies, available at: https://bit.ly/3HR6tGF.

[24] INDEX, Police officers: Yes, we use force against migrants. It is illegal, but these are the orders, available at: https://bit.ly/3C7L9v4.

[25] 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 Croatian at https://bit.ly/3FKhkDQ and in English at: https://bit.ly/3FMRcbD.

[26] H-Alter: Foundations of the police state; available at: https://bit.ly/3MZgF5s.

[27] INDEX.

[28] EU Ombudsman: Delay in setting up monitoring mechanism for Croatian border management regrettable available at: https://bit.ly/40vVnk4.

[29] 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.

[30] Ombudsman, Annual report 2020, available in Croatian at: https://bit.ly/3aaQXar.

[31] Novosti, Moi v. Council of Europe, available at: https://www.portalnovosti.com/mup-protiv-vijeca-europe; Euroactive, Croatia slammed by Council of Europe anti-torture committee over migrants, available at https://bit.ly/3CcMMb6.

[32] Council of Europe, Report to the Croatian Government on the visit to Croatia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 14 August 2020, available at: https://rm.coe.int/1680a4c199.

[33] 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.  

[34] 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.

[35] 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.

[36] 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.

[37] 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.

[38] 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.

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

[40] Jutarnji list: Police officers in in civilian clothes illegally entered our premises, available in Croatian at: http://bit.ly/3JEINrV.

[41] 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.

[42] Initiative PRAB: Beaten, punished and pushed back, Report January – December: available at: https://bit.ly/3n9bnK9.

[43] 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.

[44] 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.

[45] 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.

[46] Action Plan (01/12/2022) – Communication from Croatia concerning the case of M.H. and Others v. Croatia (Application No. 15670/18; available at: http://bit.ly/3ZizCCZ, page 18 and 19.

[47] SHARE, Integration Magazine, April 2019, available in English at: https://bit.ly/2xyKwOm.

[48] Official Gazette 16/2019.

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

[50] Ibid.

[51] EMN, Bulletin, July 2019, available at: https://bit.ly/2xQ8zrO.

[52] Ministry of Interior, ‘The arrival of the seventh group of Syrian refugees from Turkey’, 21 August 2019, available at: https://bit.ly/3c181hL.

[53] EMN, Bulletin, November 2019, available at: https://bit.ly/34iMWN8.

[54] 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.

[55] 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.

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

[57] 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.

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

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

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