Access to the territory and push backs

Author

JRS Romania

According to Romanian Border Police reports, asylum seekers arrive in Romania mainly by land through the southwestern border with Serbia,[1] through the southern border with Bulgaria,[2] and through the northern border with Ukraine[3]. In 2022, migrants were also intercepted by the Romanian Coast Guard in the Black Sea; according to Border Police reports 157 persons were rescued.[4]

The Border Police have reported that persons who are detected by border guards in connection with an unauthorised crossing of the state border and who do not make an asylum claim are returned to the neighbouring state, either on the basis of readmission agreements concluded by the European Union with third countries (Ukraine, Moldova, Serbia), or on the basis of bilateral treaties (Bulgaria, Hungary). They receive an entry ban for 5 years which is communicated and includes information on the reason and possibility to challenge the measure. This information is provided with the help of an authorised interpreter.[5]

Readmissions to neighbouring countries

Over the years, according to the information provided by IGI-DAI,[6] the Romanian Government has concluded readmission agreements with countries such as: Republic of Moldova, Albania, Lebanon, North Macedonia, Türkiye, Russia Federation, Georgia, Ukraine, India, Iraq, Armenia and China. These agreements were concluded by the Romanian Governmental for a non-determined period of time.

According to CNRR, both returns and readmissions are made based on protocols, so these decisions are based on legal provisions and notified to the persons in question.[7]

The Border Police reported that in 2023, 214 persons were returned to neighbouring countries under readmission agreements,[8]  compared to 1,396 in 2022. The drop mainly concerned returns to Hungary, Serbia, Bulgaria and at the maritime border.

Source: Border Police, information sent to the AIDA expert directly on 16 January 2024.

The Border Police reported that in 2022 1,396 persons were returned to neighbouring countries compared to 831 in 2021, under readmission agreements.[9]

However, the number of persons returned to Serbia in 2021 reported by the directors of the two detention centres was higher. According to the director of Arad public custody centre, around 175 foreigners detained in Arad were returned to Serbia under the readmission agreement in 2022. From Otopeni custody centre 78 detainees were returned to Serbia in 2022, according to the representatives of the centre. Moreover, the Timișoara Border Police Territorial Inspectorate (ITPF Timișoara) representative stated that 685 persons were returned to Serbia based on the readmission agreement in 2022, by the institution.

According to a press release of the Romanian Border Police, in 2022 all persons apprehended at the border with Bulgaria were ‘taken over by the Bulgarian Border Police, according to the Romanian-Bulgarian agreement, in order to continue the investigations and to arrange the legal measures that are required’.[10]

Access to Romanian territory and asylum: statistics and practices

According to the General Inspectorate of Border Police (IGPF),[11] in 2023, at the level of the state border of Romania, the following aspects can be highlighted with regard to irregular migration: 19,793 foreign citizens were involved in irregular migration (6,712 at the entry border, and 12,278 at the exit). Compared to 2022, it was a decrease at the entry by 30% (from 9,944 to 6,712 detected persons), and an increase of 93% with regard to exiting the territory (from 6,357 to 12,278 detected persons). Also, a significant decrease was reported as to the number of persons prevented from entering Romania (called “whose travel direction was interrupted”): from 27,524 in 2022 to 803 in 2023 (representing 97%). The main ways of crossing irregularly the border in 2023 were: 5,755 (85%) were detected at the green border upon entry, while 8,533 (70%) were found hidden in various means of transport while attempting to exit the country. The top five countries of origin for those detected with irregular entries or exits by the border police were Ukraine (4,410), Bangladesh (4,208), Syria (3,184), Pakistan (1,803) and Nepal (1,219).

People detected crossing or attempting to cross the border entering Romania and people apprehended for irregular entry

18,903 third-country nationals entered Romania illegally and were detected by the border police in 2023. According to IGI-DAI, they came from the following countries of origin: Afghanistan, Albania Algeria, Armenia, Azerbaijan, Bangladesh, Belarus, Bolivia, Cameroon, China, Cote d’Ivoire, Comoros, Congo, Cuba, Egypt, Eritrea, Ethiopia, Philippines, Gambia, Georgia, Ghana, Guinea, India, Jordan, Iraq, Iran, Kazakhstan, Kosovo, Lebanon, Libya, North Macedonia, Mali, Morocco, Republic Moldova, Mongolia, Montenegro, Nepal, Nigeria, Pakistan, Palestine, Peru, R.D. Congo, Central African Republic, Dominican Republic, Russia Federation, Rwanda, Senegal, Serbia, Sierra Leone, Syria, Somalia, Sri Lanka, Sudan, South Sudan, Tanzania, Tunisia, Türkiye, Turkmenistan, Ukraine, Uganda, Vietnam, Yemen.

Source: Romanian Border Police, 16 January 2024, information provided directly to the authors of the report.

In 2019, 2,048 persons were apprehended for crossing, or attempting to cross the border.[12] In 2020 this number increased significantly to 6,658 persons apprehended for crossing, or attempting to cross, the border.[13] In 2021, 9,053 persons were apprehended for attempting to cross the border.[14] According to the Border Police, a total of 4,966 persons were apprehended for irregular entry in 2022.[15]

It is worth mentioning that the number of persons apprehended for illegal entry into Romania through Serbia and Bulgaria in 2022 dropped considerably from 7,665 and 1,077, respectively. The number of persons apprehended for irregular entry through the maritime border increased significantly from two in 2021 to 196 in 2022.

According to the Border police, the countries of origin of those apprehended at the border in 2022 were the following:

Source: Border Police. The Border Police only reported persons apprehended at border crossing points.

The Timișoara Border Police Inspectorate representative declared that 1,838 persons were apprehended for irregular entry in 2022, of which 950 were Indian nationals (the high number being explained as they are exempted from visa requirements in Serbia), 185 Pakistani nationals, 160 Syrians and 160 Afghan nationals. Out of the total of persons apprehended by the ITPF Timișoara 1,652 made an asylum claim.

A significant decrease (over 60%) of the migratory pressure at the border with Serbia was observed, although the statistics from the last months of 2022 from the relevant European agencies indicated a continuously increasing migratory pressure in the Western Balkans region. The Border Police explained this phenomenon as result of securing vulnerable border areas and increasing response capacity, including FRONTEX support (374 representatives, of whom 239 operated on the ground and the rest on the Danube river), acting in collaboration with Serbian border authorities to prevent the illegal crossing of migrants from the neighbouring country. Thus, in 2022, 27,524 people were prevented from entering the country, the indicator decreasing by 63.6% compared to 2021.[17]

Prosecution of unaccompanied children apprehended trying to cross the border

In 2020, (as in 2019 and 2018), it was reported that unaccompanied children who were apprehended trying to irregularly cross the border from Serbia to Romania, were prosecuted for illegal border crossing and for migrant smuggling. A JRS representative reported eight cases of unaccompanied minors from Afghanistan who were under criminal investigation for illegal border crossing and migrant smuggling. The children were/ are held in pre-trial detention. In 2019 an unaccompanied minor from Afghanistan who admitted that he illegally crossed the state border, but declared no involvement in migrant smuggling criminal activities, was sentenced to 1 year and 2 months of confinement in a re-education centre.[18] The child was in pre-trial detention for 7 months, from 20 June 2018 to 31 January 2019, when he was transferred to the Buziaș Education Centre. On 18 March 2019 he was released early. The early release was revoked in December 2019 due to non-compliance with the reporting obligations. According to IGI-DAI, he left the reception centre.[19] No cases were reported in 2022.

Two unaccompanied minors had been due before the Court of Appeal Timișoara after being in pre-trial detention since 23 October 2019. They were also indicted for illegally crossing the border and smuggling of migrants. Their attorneys’ requests to revoke pre-trial detention to allow house arrest were dismissed by the Tribunal of Caras-Severin.[20] According to a JRS representative, they applied for asylum a month after their criminal proceedings started. The outcome of the case is not known.

Pushbacks: refusals of entry and people ‘prevented from entering’ Romania

According to the Border Police 7,640 third country nationals were refused entry into Romania in 2019. In 2020 this number increased significantly to 12,684 persons refused entry into Romania.[21] In 2021, 11,232 persons were prevented from entering the country.[22] According to the Border Police, 9,044 people were refused entry into Romania in 2022.[23] In 2023, according to the Border Police, they did not grant access to the territory to 7,089 people.[24]

However, the ITPF Timișoara provides numbers of people ‘prevented from entering’ Romania (those “whose travel direction was interrupted”) that are much higher than the number of people of issued official refusals of entry. According to the ITPF Timișoara, responsible for 3 counties in border areas (Timis, Caras Severin, Mehedinti) the statistics for persons prevented from entering the country just in this limited area were as follows:

According to the General Inspectorate of Border Police (IGPF),[25] in 2023, only 803 persons were prevented from entering Romania (called “whose travel direction was interrupted”), down from 27,524 in 2022.

Refusal of entry procedure and appeal

Pursuant to the Aliens Act, refusal of entry is motivated by the Border Police authorities and it is immediately communicated to the person concerned, using the form provided in Part B of Annex V of the Schengen Borders Code and the National Visa Centre within the Ministry of Foreign Affairs.[26] This form is provided to the person concerned in Romanian and English.[27]

As the Aliens Act does not foresee a special remedy against the decision of refusal of entry, general administrative law applies.[28] As a result, the person concerned may lodge an action against the decision before the Administrative Court with territorial jurisdiction over the area in which the issuing body of the contested administrative act is located.[29]

Prior to lodging an appeal at the Administrative Court, the person, who considers that their rights have been breached by an administrative act issued by a public institution, shall appeal to the issuing public authority within 30 days. The complaint should be addressed to the hierarchically superior body if there still is one (for example when the act had already been taken by a superior there might no longer be a hierarchically superior body).[30] The appeal is assessed in 30 days.[31]An appeal lodged to the Administrative Court without fulfilling this prior procedural step will be declared inadmissible. The complaint and the appeal to the Administrative Court have no suspensive effect.

The applicant may request the suspension of the administrative act to the competent court, when lodging the prior appeal,[32] or when appealing to the court.[33]

The Aliens Act prescribes that the foreigner against whom the measure of non-entry to Romania has been taken has the possibility to voluntarily leave the border crossing point within 24 hours. The term is calculated from the time when the measure of non-entry to Romania was ordered.[34]

Upon the expiration of the 24-hour term, the decision of refusal of entry to Romania is enforced by the Border Police, taking into account the state of health of the person concerned. The person is sent to the country of origin or to another destination accepted both by the person and the third state concerned, except Romania.[35] The consequence of this provision is that the foreigner against whom a decision of refusal of entry was taken has only 24 hours to lodge the appeal against the decision.

If the Border Police needs more than 12 hours to carry out the removal from the border-crossing point, the individual is accommodated in a space arranged for this purpose in the transit area, or, if this is not possible, to another location established outside the border-crossing point with transit area status.[36]

The Aliens Act prescribes a special procedure when the foreigner declares to the Border Police authorities that, in case they were forced to leave the border crossing point, they would have to go to a state where they fear that their life is endangered or they will be subjected to torture, inhuman or degrading treatment and they do not submit an asylum application.[37] When this occurs the Border Police officers shall immediately inform IGI-DAI, which, within maximum of 10 days, shall analyse the situation of the foreigner and determine whether the declaration is well-founded.[38] If person’s statement is unfounded, IGI-DAI communicates the decision to the border police authorities, which will inform the person concerned in this respect.[39]

If the foreigner’s declaration is well-founded, IGI-DAI will enforce the decision of refusal of entry to Romania by removal under the escort of the foreigner. The provisions of the Aliens Act on removal under the escort, public custody of foreigners and toleration status on the territory of Romania apply accordingly.[40]

Reported pushbacks

In parallel, in 2022, UNHCR Serbia reported 1,232 pushbacks from Romania.[41] The number has decreased significantly in comparison with 2020, when 13,409 were collectively expelled from Romania to Serbia.

The CNRR representative in Timișoara stated that many asylum seekers reported that they entered Romania at their first attempt, while only one person complained that he had tried to cross the border 10 times. The same was reported by the CNRR representative in Giurgiu.

CNRR reported that its counsellors did not receive any reports of push-backs or collective expulsions.[42]

As regard the border incidents, UNHCR Romania reported that on three occasions in January, Romanian government authorities at the border with Serbia pushed back refugees and asylum seekers from third countries transiting through Serbia.[43] The US Department of State 2023 report mentioned that according to NGOs, several incidents of harassment, discrimination, abuses against refugees and asylum seekers, pushbacks, and deviations from asylum procedures at border areas occurred throughout the year. Most incidents were not reported because of fear, lack of information, inadequate support services, and inefficient redress mechanisms. CNRR reported[44] that persons claimed that potential abuses at the border were notified to the border police, and the institutional response was hesitant, including denial of access to potential beneficiaries at Otopeni Airport, while there were gaps in access to the territory and the asylum procedure, mainly in situations involving other nationals than Ukrainians (Russian Federation or Belarus) who were allegedly ‘discouraged entry to Romania’ by Border Police officers.

According to UNHCR Romania, in interviews conducted with almost 2,000 asylum-seekers between June 2022 and November 2023,[45] when asked about attempts to enter Romania, 5%  of total respondents declared that they had had at least one failed attempt. Out of this 5%, 77% of people had made more than one attempt to enter, with 20 attempts being the highest number mentioned and 34% of respondents having attempted to cross twice. 95% of respondents reported having been prevented from crossing by the border police. Out of 5% of total respondents who reported at least one failed attempt to enter the country, 80% reported not having been asked by the authorities if they wish to apply for asylum. However, 83% of respondents reported having been informed of the right to seek asylum through NGOs, other refugees/asylum seekers as well as through asylum authorities. While 89% of total respondents reported that they were not subject to any form of violence during the process, 11% reported experiencing incidents including property confiscation / destruction, physical abuse / mistreatment, and unwanted sexual attention. It should be noted that these incidents may be attributable to either authorities (Romanian or Serbian) or private persons on either side of the borders.

Applications for asylum at border crossing points

In 2023, a total of 772 third-country nationals applied for asylum at the border crossing points.[46] Breakdown of the total number of persons per countries of origin:

Source: Romanian Border Police, 16 January 2024, information provided directly to the authors of the report.

In 2022, a total of 6,392 asylum claims were made at the border police structures, most of them were made at the Romanian-Hungarian border – 2,897[47] – and 2,520 at IGI-DAI structures.[48]

Issues related to exiting Romania

While irregular entry or stay in Romania committed by persons who have been granted a form of protection is not punishable,[49] irregular exit from the country is punishable under the Criminal Code by imprisonment from 6 months to 3 years or a fine.[50]

According to the General Inspectorate of Border Police (IGPF),[51] in 2023, 12,278 foreign citizens were involved in irregular migration exiting Romania. Compared to 2022, it was an increase of 93% with regard to exiting the territory (from 6,357 to 12,278 detected persons). 8,533 (70%) were found hidden in various means of transport while attempting to exit the country. The top five countries of origin for those detected with irregular entries or exits by the border police were Ukraine (4,410), Bangladesh (4,208), Syria (3,184), Pakistan (1,803) and Nepal (1,219).

According to the Border Police, in 2022, 6,357 foreign citizens were detected trying to illegally cross the border into neighbouring states, most of them being detected at the border with Hungary.[52]

Up to 2018, asylum seekers or other migrants apprehended trying to irregularly cross the border into Hungary, were sanctioned only with a fine.[53] The situation changed in 2018 when the Regional Court of Chișineu-Criș delivered sentences of six months’ imprisonment, coupled with a two-year entry ban from the territory of Romania and, in some cases, even legal expenses of 1,000 RON / €212.[54]At least 19 persons have been convicted, including a family with minor children. The family was apprehended in November 2018 and held in prison, while their four children were taken into care by the Directorate-General for Social Protection and Child Protection (DGASPC). The parents were released on 21 December 2018, after their appeal was admitted. According to the Director of the Regional Centre Timișoara there were no such cases in 2022. The same was echoed by the stakeholders interviewed from Şomcuta Mare, Galaţi, Rădăuţi, Timișoara, Bucharest.

Measures taken by Romanian authorities to “close migration routes” and limit irregular entries

The General Inspectorate of Border Police stated that at the Romanian-Serbian border, several measures were ordered to close migration routes used by migrants, thus preventing the entry of 803 migrants into the country (97.1% decrease compared to 2022, when 27,524 persons entered). At the same time, 11,360 persons from “migrant-producing” countries submitted asylum applications to the border police structures when they were detected crossing / attempting to cross the border “illegally”[55] (an increase by 10.7% compared to 2022). Moreover, 728 people considered to be involved in migrant trafficking (guiding, transporting, facilitating, etc.) were found and detained, an increase by 30.5% compared to the previous year. The series of measures applied by the General Inspectorate of Border Police in order to limit the number of persons who intend to enter the country by “illegally” crossing the border[56] included:

• strengthening surveillance devices on the border areas with Hungary, Serbia and Bulgaria;
• aerial surveillance missions in areas of competence, carried out with aircraft made available by the Romanian General Aviation Inspectorate (Ministry of Interior) and FRONTEX;
• joint actions with representatives from the National Police, the Romanian Gendarmerie, the General Inspectorate for Immigration:
  • identifying in various locations (e.g. the North Station area in the municipality of Timișoara) migrants who entered the country “illegally” and regulate their status on the territory of Romania;
  • transporting / guiding migrants to the designated asylum reception centres, for those who were in the records of the Foreigners Management Information System and who do not justify of their presence in the area in question;
  • establishment of filters in the main areas of interest, near the border;
  • execution of specific missions based on the risk analysis. At the same time, to “combat illegal migration” at the external border of the European Union, the Joint Operation “Terra 2023” was carried out on the territory of Romania, at the border with neighbouring third countries (Serbia, Moldova, Ukraine), with the participation of human and technical resources, placed at provision through the Frontex Agency. In the framework of these operations, additionally, structures of the Romanian Border Police were relocated for surveillance activities, with Frontex funding, human resources and surveillance equipment.

According to the Territorial Inspectorate of Border Police (ITPF) Timisoara,[57] at the border with the Republic of Serbia, between September 2022 and May 2023, a gradual decrease in the migration pressure was observed. While in 2022 1,645 migrants were reportedly detected after irregular entry (decrease by 69% compared to 2021), between 01.01 and 15.05.2023, only 53 migrants were detected (decrease by 92% compared to the similar period of 2022). Starting in 2023, a secondary migration phenomenon was observed: foreign citizens (especially from countries such as Nepal, Bangladesh, Sri Lanka) entered Romania legally and were further detected attempting to irregularly leave towards Serbia. In Timiş County, actions were carried out daily under the coordination of the ITPF Timisoara, to prevent and combat secondary “illegal migration”. Based on the specific activities and actions executed in cooperation with the ITPF Oradea, approximately 1,300 people were found hidden in means of transport trying to leave Romania “illegally” at the border crossing points with Hungary (especially the border crossing point of Nădlac II). In 2023, in the municipality of Timișoara and in the whole area of ​​competence, actions and missions were carried out on daily basis to identify foreigners without legal forms of stay on the territory of Romania, those who do not justify their presence in the area, as well as for the regulation of their legal situation.

The measures adopted both at the border with Serbia and at the border with Hungary also aimed at an intensification of actions to combat migrant trafficking. Thus in 2023, although migration significantly decreased, the number of detected traffickers increased compared to the similar period of 2022 (from 36 to 64). In March 2023, the Directorate for the Investigation of Organised Crime and Terrorism reported[58] detecting a smuggling group considered to engage in migrant trafficking, the “fraudulent crossing” of the state border of Romania and facilitating “illegal stay” in Romania. According to the authorities, the group rounded up, helped, guided and transported several groups of migrants to fraudulently cross the state border between Romania and Serbia, within the Caraș-Severin county. Later, the migrants were transported to Timiș county, from where they were handed over to other people to irregularly crossed the border from Romania, with Western European countries as their destination. 29 illegal transports were intercepted and stopped with approximately 300 migrants who intended to cross irregularly the state border of Romania towards EU states identified.

The European Commission pilot with Romania and cooperation with Frontex

Starting in March 2023, Romania implemented a six-month pilot project initiated by the European Commission. The pilot included a “border management and international cooperation” component, given the Terra Joint Operation with Frontex across all of Romania’s external land borders, especially that with Serbia which is “considered of critical importance” by the Commission. The Commission made available EUR 10.8 million to Romania for reinforcement of the management of the EU’s external borders, in addition to Romania’s national allocations under the BMVI, which is of EUR 129.77 million for the period 2021-2027. The Commission considers recent activities at Romania’s border with Serbia to be good practices to be further enhanced through:

• Continued “successful management” of the external border with Serbia, with “continued activities for prevention of irregular migration” though common patrols with Serbian authorities;
• Europol continued support to the Romanian Police and Border Police, to be extended;
• Romania maintaining “maximum hosting capacity for Frontex standing corps officers for border surveillance” at the border with Serbia, and expanding their access to databases for a “more efficient use of the standing corps”
• Deployment of Frontex mobile surveillance vehicles operation for border surveillance as Frontex aerial surveillance.
• The Commission is to assess potential needs for funding for more equipment in order to maintain “a high level of border surveillance and control at the Romanian-Serbian border”.

The pilot also included aspects related to asylum, particularly the Accelerated procedure and a joint return decision together with the international protection rejection; and other measures to streamline return,  the enhancement of voluntary returns.

In October, at the end of the 6-month pilot, the European Commission reported[59] “solid results” and “best practices identified” in all three aspects of the pilots. Regarding border management specifically, according to the European Commission,[60] Romania continued to demonstrate “successful management” of its external borders with Serbia, based on activities for prevention of irregular migration with the Serbian authorities. The following activities, realised in those 6 months, were highlighted as “good practices” by the European Commission:

• Joint patrol missions: a total of 448 joint patrols on the territory of both States were carried out.
• Joint “ad hoc” patrols: 140 cases with 422 people were registered and following exchanges of information with the Serbian authorities, 34 migrant smugglers were identified and further investigated by the relevant authorities. Where there is concrete operative information or other indications regarding a border event, the signatory parties can organise joint “ad hoc” patrols. Supporting the activities in question can also be carried out with the help of some means of aerial surveillance (Frontex surveillance aircraft, helicopter, drones).
• International cooperation with Serbia: according to agreed procedures, the Romanian and Serbian authorities constantly exchange information about any aspects related to irregular migration, in order to prevent and combat cross-border criminality through Common Contact Point Portile de Fier I. At the same time, Romania is an active host of the Joint Operation Terra by Frontex that covers the entirety of its external land border sections with Serbia, Ukraine and Moldova. The border section with Serbia is considered of critical importance and deployments for green border surveillance ”fully meet” the operational needs agreed between Frontex and Romania.

At a public event, an official from the Ministry of Internal Affairs described the pilot as enabling Romanian authorities to identify groups of migrants approaching the Serbian-Romanian border and thus to notify Serbian authorities “long before they reach the border”. According to him, the Serbian authorities then have an obligation to intervene, and manage to do so most of the time. These preventive activities contribute to reducing “illegal” flows. According to the statistics presented, only 221 “aliens having entered illegally through Serbia” submitted asylum applications to the border police in 2023, as opposed to 1,455 in 2022, i.e. an over 80% decrease. The project is presented as a “whole of route cooperation” initiative that involved Greece, Bulgaria, Romania, Hungary, Slovakia, Austria and the European Commission. It has allowed for improved cooperation with the Serbian authorities but also with Frontex, whose staff, through a change in legislation in May 2023, can now access all relevant databases.[61]

Given the “positive achievements” according to the Commission, continued cooperation in the framework of the pilot project was decided.[62]

As regards border management, among other things, Romania continued to implement a “strategic approach to apprehensions and border controls” with the aim of addressing irregular migration and preventing secondary movements, to ensure a constant level of preparedness at the external borders, and building on the cooperation established between Romania and Frontex in the context of the pilot project and going forward.[63] In June 2023, FRONTEX launched operation Centurion, as a new pilot project in Romania taking into account the rapidly growing number of officers, the agency considered it needs to take steps to reinforce the command in the field and decentralise some of its activities for better coordination and communication with host country authorities.[64]

Ill-treatment at the border

2023: For the year 2023, CNRR[65] states that, based on discussions its legal counsellors had with asylum seekers, some of them said that they had been hit or had experienced other abusive behaviour on the Romanian territory, for example at border crossings in the western region of Romania. The abuse behaviour described by them consisted in using a high tone of voice, applying strokes (in the abdomen/legs area), not granting permission to use the toilet for a certain period of time. For example, in Timisoara, a Russian citizen, who applied for asylum at the Moravita Border Crossing Point, during the asylum procedure at the border, stated that the Romanian authorities did not show respect towards him, the border police officers displaying a disrespectful attitude.

Most of the reported incidents related to Romania were done by various organisations mainly present in Serbia. KlikAktiv[66] reported cases of “formalised push-backs” between Romania and Serbia which clearly violated the people’s right to seek asylum and the principle of non-refoulement with deportations of higher numbers of third country nationals, including people seeking international protection, back to Serbia by applying the readmission agreement between the EU and Serbia without an effective assessment of protection needs or asylum claims. One person seeking international protection was deported from Romania to Serbia immediately after he was caught on Romanian territory. Were also documented cases of people transferred back to Romania under Dublin further deported to Serbia based on the readmission agreement. Also, Rosa Luxemburg Stiftung[67] reported that several dozen thousand persons were pushed back from Croatia and Romania.

Romanian National Council for Refugees (CNRR) was contacted by persons claiming potential abuses at the border which were notified to the border police. The institutional response to these claims remained hesitant. Such an example is the lack of CNRR access to potential beneficiaries on Otopeni Airport.[68]

2022: According to the Save the Children/CNRR representative in Timișoara, no reports of ill-treatment at the border were made by asylum seekers in 2022. They only complained that their phones were confiscated by the Border Police for further investigations. The same was echoed by NGO representatives in Giurgiu.

CNRR stated that its counsellors are not aware of any cases of ill-treatment in 2022.[69]

However, in October 2022, the Border Violence Monitoring Network (BVMN) observed an increase in violence in the pushbacks perpetrated by Romanian police officers at the Serbian-Romanian border in the “triangle” area, where the Romanian, Hungarian and Serbian borders unite. They collected testimonies from mostly Syrians who declared that they had been beaten (with batons/hands/other), pushed to the ground, insulted, threatened, their money had been stolen and their phones destroyed by two Romanian officers wearing camouflage uniforms.[70]

International reactions regarding access to the Romanian territory

In 2023, the UN Committee for the Prevention of Torture[71] noted that there is a lack of experienced, qualified interpreters to assist in victim identification processes, and in the asylum system more generally and recommended that the authorities ensure access to its territory and sufficient and effective protection from refoulement at borders by making sure that people seeking asylum at the border receive appropriate information about their rights, including information on procedures, appeal mechanisms and legal aid, immediately and in a language that they understand.

In 2022, GREVIO[72] reported delayed access to legal representatives, NGOs and UNHCR of people apprehended at the border (in some cases, they have received information about people apprehended at the border who may need international protection, only after they had been readmitted to neighbouring countries or denied access to Romanian territory) and asked that the authorities ensure effective provision of accessible, easy-to-understand and gender-sensitive information on protection measures, to persons apprehended at the borders, prior to their application for readmission/return procedures.

The bipartite agreement on border monitoring

In Romania there is a framework on border monitoring, which takes place under a bipartite agreement between UNHCR and the General Inspectorate of the Romanian Border Police (Inspectoratul General Politia de Frontiera, IGPF). CNRR is UNHCR’s implementing partner as described in the Memorandum of Understanding. The border monitoring activities include: formal meetings with the authorities, monitoring missions at border crossing points and public custody centres, and counselling sessions on international protection with people who request assistance at the border.

When carrying out monitoring activities, there were no major obstacles. However, when immediate intervention is needed, the access of the counsellors is delayed by formal notifications and prior approvals. CNRR will have further meetings with the Border Police to discuss a quicker way of accessing persons of concern in urgent cases.

Visits are usually conducted at border crossing points where a relevant number of entries or exits was registered. The number of visits conducted depends on the circumstances, such as the number of arrivals, influx of migrants.

In case of regular monitoring visits, the Border Police is notified in advance. In case of emergency interventions regarding specific asylum cases, the Border Police is notified on the same day or shortly before the visit is conducted.

In 2022, a total of 77 monitoring visits were conducted by CNRR at the border, of which 69 visits were conducted at the Serbian, Bulgarian and Hungarian borders, 8 at the Moldovan and Ukraine borders. None of the monitoring visits were conducted jointly with UNHCR.

No cross-border monitoring visits were conducted in 2020, 2021 or 2022.

Information provision, interpretation at the border and NGO access

Information provision

According to the Asylum Act, if there are elements that indicate that a foreigner intends to apply for international protection in Romania in the context of pre-trial detention or detention facilities, penitentiaries, border crossing points or transit area, the competent authorities for the asylum application provide information on the possibility of submitting the request.[73]

As regards the information about the possibility to make an asylum application, the Border Police stated that the territorial structures of the Border Police have leaflets in several international languages in circulation, including Arabic, Kurdish, Pashto, Farsi. The leaflets cover information on the rights and obligations of asylum seekers and information regarding the assistance provided by NGOs.[74]

The Border Police reported that they provide information both orally and in writing. The available leaflets in English, French, Arabic and different dialects of the Arabic are made by UNHCR. No interpreter is present at the information session.[75]

CNRR reported that, following consultations with UNHCR on the information needs at the border with Ukraine and Moldova, 10,000 leaflets with information on the asylum procedure were drafted and translated into Ukrainian and distributed at border crossing points with Ukraine and the Republic of Moldova in order to increase access to accurate information on the RSD procedure.

In 2022, leaflets with DOPOMOHA[76] were distributed by CNRR to the people coming from Ukraine. The leaflet promoted the DOPOMOHA platform which contained official and secure information. Also, it indicated contact data for all the relevant Romanian authorities.[77]

CNRR discovered that there were no updated information leaflets on the asylum procedure in other languages. The team started working on a new leaflet on the right to ask for asylum in Romania to disseminate in 2023. Leaflets can only be displayed at border-crossing points with prior approval by the authorities (Border Police), but the authorisation process has started.

CNRR stated that any person detained at the border for illegal crossing or who presents themselves at a border-crossing point, following hearings by the judicial police officer, is informed that they have the right to make an asylum application.

During the author’s visit to ITPF Timișoara, representatives from the institution showed what leaflets are available at Moravita crossing point. These were the following: a CNRR leaflet in English on the rights and obligations of foreigners taken into public custody printed under a project implemented in 2018/2019, FRONTEX leaflets on access to asylum procedure in English and in French and a booklet on the right to complain in several languages. The representatives emphasised that the FRONTEX leaflets are the most used.

CNRR counsellors observed that few reports were received regarding the information provision at the Bulgarian, Serbian and Hungarian borders. However, at Otopeni International Airport, three people reported that they did not have access to information during their detention in the transit area. They also stated that the Border Police officers ignored their requests and did not call interpreters when needed.[78]

Interpretation

CNRR mentioned that any interview, hearing or investigation made by the authorities (Border Police) is accompanied by an interpreter.

The director of Timișoara centre reported that the Border Police uses interpreters that IGI-DAI refuses to contract because there were suspicions that they were connected with smugglers.

The representatives of ITPF Timișoara declared that an interpreter is called when foreigners are apprehended. Foreigners are informed about the right to make an asylum application immediately verbally in English or in writing through FRONTEX leaflets. The Border Police has access to interpreters in all languages spoken by apprehended migrants and in case of need they can contact the embassies for guidance.

KlikAktiv[79] reported that asylum seekers do not have access to an effective asylum procedure, nor are they provided with interpretation services or access to legal aid.

Access to NGOs

At this stage, NGOs have access to border-crossing points only once third-country nationals have submitted the asylum application. Furthermore, NGOs need to be informed about the migrant’s presence directly by the Border Police, through UNHCR Romania or by the migrant’s family or friends or by him/ herself. Given the Memorandum of Understanding between the UNHCR and the General Inspectorate of the Border Police, the representatives will mutually notify each other when immediate intervention is needed at the border crossing-point/transit area, via telephone/e-mail.[80]

Legal access to the territory

Romania pledged to resettle 109 refugees in 2018-2019[81] from Türkiye (69) and Jordan (40). According to JRS and IOM Romania, 73 persons were resettled (42 from Jordan and 31 from Türkiye).[82] In addition, 12 migrants rescued in the central Mediterranean were relocated to Romania.[83] Nine migrants were relocated from Italy and three from Malta.

In 2020, Romania resettled 37 Syrian refugees from Türkiye and 4 migrants rescued in the Mediterranean Sea were relocated from Malta.[84]

According to Government Decision no. 1596/2008 on the resettlement of refugees in Romania,[85] the resettlement quota set for the period 2022-2023 was 200 refugees in need of resettlement. During 2021, 75 people were resettled to Romania and the operations are to continue in 2022.[86] In 2022, 81 Syrians were resettled to Romania – 41 from Lebanon and 40 from Türkiye.[87]

According to the information provided by the IGI-DAI, in 2023,[88] 154 Syrian refugees were transferred to Romania – 54 from Türkiye, 25 from Jordan and 78 from Lebanon. In order to integrate in Romania, these refugees have the possibility to access the integration programme. The integration programme is the set of measures and activities necessary to facilitate the social integration of foreigners who have been granted an international form of protection. The measures provided for by Romanian law[89] refer to facilitating access to a series of economic and social rights, such as the right to work, to education, to housing, to medical care and social assistance. Each institutional stakeholder (Ministry of Interior, Ministry of Education, Ministry of Labour and Social Justice, Ministry of Health) is responsible for the integration of foreigners in its area of activity; the coordination and monitoring of the policies are the responsibility of the Ministry of Interior through the General Inspectorate for Immigration. The objectives of the integration plan are: participation in the Romanian language course; participation in cultural orientation sessions; counselling and assistance to access education and labour market; medical and psychological counselling and assistance; participation at information sessions on how to obtain housing.[90] No further information is available concerning the resettlement of refugees.

[1] Border Police, ‘Doisprezece migranţi din India şi Pakistan, sprijiniţi de un cetățean român, depistați la granița cu Serbia’, 14 February 2022, available in Romanian at: https://bit.ly/49sNyjY; ‘Doisprezece cetățeni din Afganistan și Pakistan, depistaţi de poliţiştii de frontieră timișeni’, 23 April 2022, available in Romanian at: https://bit.ly/3TgX8yV;  Cetățean sârb cercetat în stare de arest preventiv pentru trafic de migranți, 25 November 2022, available in Romanian at: https://bit.ly/3Tjnnok.

[2] Border Police, ‘Cetățean libian, depistat ascuns într-un autocamion la PTF Giurgiu’, 26 January 2022, available in Romanian at: https://bit.ly/3LpkjFB; ‘Doi cetățeni străini depistați ascunși în cabina unui autocamion, sub o saltea’, 19 January 2022, available in Romanian at: https://bit.ly/405BUX5; ‘Un migrant în stare de hipotermie, ascuns pe șasiul unui autocamion, salvat de polițiștii de frontieră doljeni’, 14 February 2022, available in Romanian at: https://bit.ly/3LkzvDP; ‘Patru cetățeni afgani ascunși printre covoare, depistați de polițiștii de frontieră doljeni’, 26 March 2022, available in Romanian at: https://bit.ly/3FnEyzm; ‘Trei cetăţeni afgani, ascunşi într-un TIR încărcat cu piese auto’, 09 March 2022, available in Romanian at: https://bit.ly/3YP5kHO; ‘Cinci cetățeni străini ascunși printre conserve și sucuri, descoperiți în P.T.F. Giurgiu’, 06 June 2022, available in Romanian at: https://bit.ly/3Te5YxD; ‘Șoferul unei autoutilitare arestat preventiv pentru trafic de migranți’, 04 June 2022, available in Romanian at: https://bit.ly/3yLxusB; ‘Doi cetățeni sirieni depistați ascunşi în podeaua unui autoturism la PTF Calafat’, 08 August 2022, available in Romanian at: https://bit.ly/3JmJIgi; ‘Șoferul unei autoutilitare cercetat în stare de arest preventiv pentru trafic de migranți’, 19 September 2022, available in Romanian at: https://bit.ly/3ldDXJQ; ‘Opt cetățeni sirieni, ajutați de doi cetățeni români, descoperiți de polițiștii de frontieră giurgiuveni în timp ce încercau să treacă ilegal frontier’, 26 November 2022, available in Romanian at: https://bit.ly/3YPdvUJ.

[3] Border Police, ‘Depistaţi din elicopter când au trecut ilegal frontiera’, 21 April 2022, available in Romanian at: https://bit.ly/3LoLzUo.

[4] Border Police, ‘Ambarcaţiune cu migranţi interceptată de poliţiştii de frontieră români, în apropierea ţărmului românesc al Mării Negre’, 19 August 2022, available in Romanian at: https://bit.ly/3FtIcI7; ‘Misiune de salvare a vieţii omeneşti pe mare a unor migranţi depistaţi într-o ambarcaţiune din apele teritoriale româneşti la Marea Neagră’, 02 June 2022, available in Romanian at: https://bit.ly/3TeKQas; ‘27 de migranți ajutați de două călăuze, cu o ambarcaţiune turcească, descoperiți de polițiștii de frontieră din cadrul Gărzii de Coastă’, 17 May 2022, available in Romanian at: https://bit.ly/3mRMrH1.

[5] Information provided by Border Police, 3 March 2021.

[6] Information provided by IGI-DAI, 18 January 2024.

[7] Information provided by CNRR, 7 February 2023.

[8] Information provided by Border Police, 16 January 2024.

[9] Information provided by Border Police, 6 April 2023.

[10] Border Police press releases.

[11] Romanian Border Police, ‘Analiza activității Poliției de Frontieră Române pe anul 2023’, 13 February 2024, available in Romanian here.

[12] Information provided by Border Police, 12 February 2020.

[13] Information provided by Border Police, 13 March 2021.

[14] Information provided by Border Police, 02 March 2022

[15] Border Police, Summary of Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE.

[16] Information provided by Border Police, 16 January 2024

[17] Ibid.

[18] Court of Appeal Timișoara, 2270/115/2018, 28.01.2019.

[19] Tribunal of Caras Severin, Decision 80 of 12 December 2019.

[20] Tribunal of Caras-Severin, Case file 2277/115/2019

[21] Information provided by Border Police, 13 March 2021.

[22] Information provided by Border Police, 02 March 2022

[23] Border Police, Summary of Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE.

[24] Information provided by Border Police, 16 January 2024.

[25] Romanian Border Police, ‘Analiza activității Poliției de Frontieră Române pe anul 2023’, 13 February 2024, available in Romanian here.

[26] Article 8(4) Aliens Act.

[27] Information provided by Border Police, 12February 2020.

[28] Act 554/2004 on Administrative Litigation.

[29] Articles 6-18 Acton Administrative Litigation.

[30] Article 7(1) Acton Administrative Litigation.

[31] Article 7(4) in conjunction with Article 2(1)g) Acton Administrative Litigation.

[32] Article 14 Act on Administrative Litigation.

[33] Article 15 Act on Administrative Litigation.

[34] Article 9(1) Aliens Act.

[35] Article 9(2) Aliens Act.

[36] Article 9(3) Aliens Act.

[37] Article 9(5) Aliens Act.

[38] Article 9(6) Aliens Act.

[39] Article 9(7) Aliens Act.

[40] Article 9(8) Aliens Act.

[41] UNHCR, Country Reports Serbia, available at: https://bit.ly/3XjgWCA.

[42] Information provided by CNRR, 7 February 2023.

[43] US Department of State, Bureau of Democracy, Human Rights, and Labor, 2023 Country Reports on Human Rights Practices: Romania, April 2024, available here. 

[44] CNRR (Romanian National Refugee Council), Input by civil society organisations to the Asylum Report 2024, 2023, available here.

[45] UNHCR Romania, Regional protection monitoring report – Romania 2022/2023, March 2024, available here.  

[46] Information provided by the Border Police, 16 January 2024.

[47] Information provided by Border Police, 6 April 2023.

[48] Information provided by IGI-DAI, 22 February 2023.

[49] Article 11 Asylum Act.

[50] Article 262(1) Criminal Code.

[51] Romanian Border Police, ‘Analiza activității Poliției de Frontieră Române pe anul 2023’, 13 February 2024, available in Romanian here.

[52] Border Police, Summary of the Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE.

[53] Only one case of imprisonment for attempt to irregularly cross the border from 2016 was reported by JRS representative.

[54] Regional Court Chișineu-Criș: Decisions 47/2018, 48/2018, 49/2018 and 50/2018, 29 March 2018; Decision 81/2018, 17 May 2018; Decisions 133/2018 and 134/2018, 27 September 2018.

[55] Literal translation of the press release.

[56] Literal translation of the press release.

[57] Romanian Border Police, ‘Informare privind activitatea I.T.P.F. Timişoara în domeniul gestionării problemei migraţiei ilegale’, 31 Mai 2023, available in Romanian here.

[58] Directorate for the Investigation of Organized Crime and Terrorism, Press release, 21 March 2023, available in Romanian here.

[59] European Commission, Reporting on progress made the Pilot Project for fast asylum and return procedures with Romania, October 2023, available here.

[60] European Commission, Reporting on progress made the Pilot Project for fast asylum and return procedures with Romania, October 2023, available here.

[61] Presentation by the Head of Risk Analysis Department, Ministry of Internal Affairs, Romania, in Panel 3, ‘A new system for the border’, at the EMN Belgium Presidency Conference, 25 June 2023, video available here.

[62] European Commission, Reporting on progress made the Pilot Project for fast asylum and return procedures with Romania, October 2023, available here.

[63] European Commission, Cooperation framework between the European Commission, the EU Agencies and Romania, 2023, available here.

[64] FRONTEX, ‘Frontex launches new pilot project in Romania’, 18 June 2023, available here.  

[65] Information provided by CNRR, 16 January 2024.

[66] KlikAktiv, Pro Asyl (Network of German refugee councils), Formalizing Pushbacks – The use of readmission agreements in pushback operations at the Serbian-Romanian border, 2023, available here.  

[67] Nikola Kovačević, Rosa Luxemburg Stiftung, Human Rights Pushbacks in the Western Balkans, December 2023, available here.  

[68] CNRR, Input by civil society organisations to the Asylum Report 2024, 2023, available here.

[69] Information provided by CNRR, 7 February 2023.

[70] The Border Violence Monitoring Network, Illegal Pushbacks and Border Violence Reports, Balkan region – October 2022, available in English at: https://bit.ly/3lIDqjt.

[71] UN committee for the Prevention of Torture, CAT/C/ROU/CO/3/23.08.2023, Concluding observations on the third periodic report of Romania, August 2023, available here.  

[72] Council of Europe GREVIO Group of Experts on Action against Violence against Women and Domestic Violence, Baseline Evaluation Report Romania [GREVIO/Inf(2022)6], June 2022, available here.

[73] Article 35^1 Asylum Act.

[74] Information provided by Border Police, 2 March 2022.

[75] Information provided by Border Police, 6 April 2023.

[76] DOPOMOHA (means help in Ukrainian) is a web support and information platform for migrants fleeing the war in Ukraine. It is a project created by Code for Romania in partnership with the Department for Emergency Situations (DSU), The UN Refugee Agency, International Organisation for Migration (IOM) and the National Romanian Council for Refugees (CNRR), more information is available on the website: https://bit.ly/3IiRatl.

[77] Information provided by CNRR, 7 February 2023.

[78] Information provided by CNRR, 7 February 2023.

[79] KlikAktiv, Pro Asyl (Network of German refugee councils), Formalizing Pushbacks – The use of readmission agreements in pushback operations at the Serbian-Romanian border, 2023, available here.  

[80] Ibid.

[81] Article 3^1 (1^3) Government Decision 1596/2008.

[82] IGI-DAI, Annual Activity Report of 2019, available in Romanian at: https://bit.ly/3cUh1FU.

[83] Information provided by IGI-DAI, 20 February 2020.

[84] Information provided by IGI-DAI, 16 February 2021.

[85] Available at: https://bit.ly/49GsYfz.

[86] Information provided by IGI-DAI, 11 March 2022.

[87] Information provided by IGI-DAI, 22 February 2023.

[88] Information provided by IGI-DAI, 18 January 2024

[89] Article 20 Asylum Act.

[90] Information provided by the IGI-DAI, 18 January 2024.