Access to the territory and push backs

Romania

Country Report: Access to the territory and push backs Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

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 2020, asylum seekers also tried to enter Romania by crossing the Danube River by boats or swimming coils.[4]

In April 2020, 7 migrants drowned after a boat carrying 16 migrants capsized on the Danube River between the Serbian and Romanian border, near Drobeta Turnu Severin. The Romanian Border Police rescued 8 migrants and a Serbian, allegedly one of the smugglers. The boat carried 18 people including 2 Serbian nationals (the smugglers).[5] In August 2020, another asylum seeker drowned in the Danube River after trying to enter Romania with the help of swimming coils.[6]

There were also isolated cases reported by the Border Police of foreigners arrived in Romania through the Eastern border with Moldova.[7]

According to the press release of the Romanian Border Police, 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”[8]. The same was reported also for most of the foreigners apprehended at the border with Ukraine; they “were handed over to the Ukrainian border authorities for further investigations, based on the readmission agreement”.[9]

The Border Police reported that 704 persons were returned to the neighbouring countries, under the readmission agreements, in 2020. [10]

Returns under readmission agreements: 2020
Border Number
Serbia 436
Bulgaria 123
Ukraine 90
Moldova 46
Hungary 6
Maritime border 3
Total 704

Source: Border Police

According to the director of Arad public custody centre 612 foreigners detained in Arad were returned to Serbia under the readmission agreement.

The Border Police reported that persons who are detected by border guards in connection with an unauthorized 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 through information which includes the reason and possibility to challenge the measure. This information is provided with the help of an interpreter.[11]

According to a JRS representative, the persons returned to the neighbouring countries under readmission agreement[12] are provided with a decision and notification for the neighbouring country. The people who are pushed back do not receive any decision when returned to the neighbouring country. A JRS representative reported that access to the territory was affected in 2020 due to the pandemic. The Border Police triggered a series of specific actions, such as: increasing surveillance actions, border control measures in the field of combating illegal migration and tightening the border verification measures, both at border crossing points and at border strips. The number of border guards was supplemented with approximately 4,000 border officers. The presence of public order structures on the streets has been strengthened at national level.

According to the Border Police, a total of 6,658[13] persons were apprehended for irregular entry in 2020 compared to 2,048 in 2019.[14]

Breakdown by border region were the persons were apprehended:

Border regions where persons were apprehended for irregular entry: 2020
Border Number
Serbia 6,092
Bulgaria 357
Ukraine 110
Moldova 46
Hungary 31
Air border 16
Maritime border 6
Total 6,658

Source: Border Police

In 2020, as well as in previous years (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 8 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 to have no involvement in migrant smuggling criminal activities was sentenced to 1 year and 2 months of confinement in a re-education centre.[15] 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 Center. 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.[16]

The case of other two unaccompanied minors is still pending before the Court of Appeal Timișoara. They are in pre-trial detention since 23 October 2019. They are 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.[17] According to a JRS representative, they applied for asylum a month after their criminal proceedings started.

 

Relocation and resettlement

 

Romania pledged to resettle 109 refugees during 2018-2019[18] from Turkey (69) and Jordan (40). According to JRS and IOM, 73persons were resettled (42 from Jordan and 31 from Turkey).[19] In addition, a number of 12 migrants rescued in the central Mediterranean were relocated to Romania.[20] 9 migrants were relocated from Italy and 3 from Malta.

In 2020 Romania resettled 37 Syrian refugees from Turkey and 4 migrants rescued in the Mediterranean Sea, were relocated from Malta.[21]

Special measures imposed during the pandemic.

The Syrian refugees were tested for COVID-19, 72h before their scheduled departure. Upon their arrival they were quarantined for 14 days. Assistance, counselling and accommodation was provided by a NGO for 45 days through a AMIF funded project.[22]

 

Pushbacks and border monitoring

 

In 2019, 2,048 persons were apprehended for crossing, or attempting to cross, the border.[23] The Border Police prevented the entry of 6,042 persons.[24] In 2020 this number increased significantly to 6,658 persons apprehended for crossing, or attempting to cross the border and 12,684 persons prevented to enter Romania.[25]

Persons apprehended for irregular entry: 2020
Country Number
Afghanistan 3,243
Syria 3,018
Iraq 852
Turkey 718
Morocco 452
Total 8,283

Source: Border Police

UNHCR Serbia reported that 13,409 persons were collectively expelled from Romania to Serbia from 1 January to 31 December 2020,[26] being the highest number of pushbacks registered since UNHCR Serbia began monitoring pushbacks in the spring of 2016. Higher numbers were registered in the second half of the year (1,636 in July; 1,409 in August; 1,771 in September; 1,600 in October; 1,758 in November and 1,449 December 2020). The number increased in comparison to 2018, when 746-persons were collectively expelled and 2019, when 1,561 persons were collectively expelled. Therefore, there was a nine-fold increase in comparison with last year.

JRS reported that there were cases of pushbacks of single men, families and groups (at least 5 incidents were documented by JRS), but many remain unknown, as JRS Romania has no access to all cases (either because the victims refuse to talk about them, either because they leave the country shortly after arriving in Romania).

JRS is not aware of collective expulsions being carried out by Romania.

Ill- treatment at the border

According to JRS legal counselor in Galaţi, many asylum seekers declared that they were beaten by the border police/ gendarmerie (the asylum seekers used this term of “gendarmerie”) at the Serbian- Romanian crossing points. However, only one asylum seeker wrote a declaration about the treatment at the border, but out of fear refused to lodge a complaint against the authorities. The asylum seekers also complained that the border police/ gendarmerie took their telephones and money and that they were taken back to Serbia. They also stated that there was a lack of food and clothing at the border.

According to the legal counselor in Rădăuţi, many asylum seekers complained of the treatment they receive at the Serbian-Romanian border. One asylum seeker declared that he was beaten and his phone and money were stolen by the Border Police. Another asylum seeker declared that he tried to enter Romania 3 times and 3 times he was sent back to Serbia.

According to JRS representative in Rădăuţi, asylum seekers complained that the Border Police officers broke their phones, took their money, kicked them, and yelled at them. They also stated that they were pushed back to Serbia once and when they tried to enter again in Romania other Border Police officers being on duty, allowed them to enter, talked nicely to them and even offered them yoghurt and pretzels.

According to JRS representative in Bucharest, asylum seekers stated that they were pushed back to Serbia several times, that they were beaten and their phones and money were stolen. An asylum seeker refused to file a complaint against the Border Police’s treatment, even though he had visible signs of ill-treatment on his face. They also mentioned that they were kept for 24h at the border crossing point without any food.

With regards to the lack of food 2 detainees interviewed by the author in Arad public custody, apprehended at the Hungarian-Romanian border stated that they were held for 2 days at Oradea Border Police and received no food.

The JRS representative of Timișoara stated that one asylum seeker declared that he was beaten by Border Police officers, he even wrote a complaint, but soon after he left the reception centre.

JRS reported that there were cases of ill-treatment of single men, families and groups (at least 8 incidents were documented by JRS), but many remain unknown.

In 2020, JRS documented 11 incidents, involving 21 persons, who complained of being victims of either push-back actions, violent and aggressive behaviours, threats, LGBTQI discrimination or that they had no access to food, water or medical assistance. The alleged perpetrators were Border Police, gendarmerie or special intervention police officers.

UNHCR Serbia – reporting the collective expulsions from neighbouring countries – noted that “many victims alleged denial of access to asylum procedures or mistreatment by officials of these countries”.[27]

Media outlet Euronews published an article documenting Border Police whippings and a case where the Romanian officers took the crutch of an amputee and beat him with it.[28]

The Border Violence Monitoring Network (BVMN), which also collects testimonies from foreigners, published monthly reports highlighting not only pushbacks from Romania to Serbia, but also an increased violence of the Romanian officers towards migrants, men and women. They reported a certain practice of the Romanian authorities. The foreigners stated that the Romanian authorities were entering Serbia and pulling them into Romania for short periods of detention. Two families explained that the Romanian authorities forcibly took them across the Serbian border to Romania. The Romanian authorities kept them for a short time in a field, where they questioned them, stole their belongings and they were violent with the men and within an hour they pushed them back to Serbia. BVMN reports that the Romanian officers used cable or improvised whips to lash the people. Some of the persons interviewed by BVMN also shared how the Romanian Border Police officers stole their money, phones and even the food from children’s’ hands. Another interviewee declared that the Border Police burned their belongings (shoes, clothes, backpacks, phones, food). A friend of his suffered severe burns because he was trying to retrieve his phone from the fire, which exploded in his face. BVMN also reported that Romania Border Police uses drone surveillance in order to detect and apprehend migrants.[29]

Information and interpretation at the border

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.[30]

The Border Police stated that the territorial structures of the Border Police have leaflets in several languages of international circulation, as well as Arabic, Kurdish, Pashto, Farsi. The leaflets cover information on the rights and obligations of asylum seekers and information regarding the assistance provided by NGOs.[31]

According to the JRS representative, JRS Romania, in partnership with UNHCR Romania, has developed information leaflets in English, French, Arabic, Farsi and Pashto for asylum-seekers at the border of Romania. The content of the leaflets has been agreed upon by the General Inspectorate of the Border Police. These information materials are available at the main border crossing points, and Border Police informed JRS that they are being distributed to migrants and asylum seekers. During their monitoring visits JRS supplies the border crossing points with 80-100 leaflets.

According to JRS the Border Police claims that they inform, orally or in writing, foreigners at the border about the possibility to make an asylum application in a language widely used internationally (such as English or French or through a translating telephone application), but there is no interpreter when they discuss with foreigners who express their willingness to submit an asylum application. The Border Police informed JRS that, when necessary, they have the support of the interpreters used by IGI-DAI, especially when there are indications that migrants want to apply for asylum at the border. Nevertheless, JRS is of the opinion that there is a need for more means of communication in remote areas, such as the green borders and border crossing points, in order to ensure proper information provision to all asylum seekers.

JRS further reported that the Border Police informed them that they provide information on the possibility of submitting an asylum requests through an interpreter (being used physically or by audio-video means) or directly, if there is no need for interpretation. Nevertheless, the majority of beneficiaries assisted by JRS stated that Border Police do not provide them with any information, very few declaring they were informed.

JRS representative from Rădăuţi reported that some asylum seekers declared that they received no information at the border and that they are signing a lot of documents without knowing what they represent. When they arrive in Rădăuţi they are not aware of anything, not even of what asylum means.

The presence of interpreters at the border was not reported as a common practice by the JRS representative of Galaţi. One of the reasons for this may be the high number of new arrivals.

The legal counselor of Rădăuţi reported that the asylum seekers complained of not having interpreters at the border. In general, the asylum applications are filled in Romanian and the given reasons in the application are socio-economic.

The JRS representative in Bucharest reported that asylum seekers declared that they were not understood at the border and they did not understand what the Border Police officers were saying; they were not aware that they made an asylum application.

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.

A JRS report published in July 2018, based on findings collected through interviews, also raises issues concerning information provision.[32] It includes testimonies from 26 migrants who arrived in Romania. The testimonies describe how the Border Police and other officials fail to provide migrants with necessary information and have even given misleading information.[33]

  • The report lays out the experience of a16-year-old boy who was rescued by the Romanian Coast Guard in the Black Sea: “He was told to ‘go to court’ to apply for asylum, and while he did have a court hearing eventually, the hearing was about his stay in detention and not about accessing the asylum procedure. It was only after initiating a hunger strike that the authorities finally relented and gave him access to the asylum procedure.”[34]
  • Furthermore, another man stated that he “did not apply for asylum because the authorities discouraged it, telling him that Romania was unable to host more asylum seekers.”[35]
  • A group of Iraqi Kurds, who were granted tolerated status[36] in Romania even though they wanted to apply for asylum did not do so because they believed their tolerated status prevents them from seeking asylum. As a consequence some of them agreed to voluntary repatriation.
  • A Pakistani national, who prior to his arrival in Romania had made an asylum application in Bulgaria and did not want to return there, explained why he did not make an asylum application in Romania: “I was told that once registered as an asylum seeker in another European country, there is a real risk to be sent back there.”[37] After his fingerprints were found in the Eurodac database, he lodged an asylum application in Romania in order to avoid being transferred to Bulgaria. The asylum seeker declared: “’[t]hey didn’t tell me anything about it. They sent me to detention and looked at me as an offender, since I crossed the border illegally. I had no proper interpreter, no lawyer, no information, and no time to understand my situation. Nobody gave me proper information on the possibility and consequences of asylum.”[38]

The bipartite agreement on border monitoring

In Romania there is a framework of 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). JRS Romania is the implementing partner of UNHCR, as described in the Memorandum of Understanding. The border monitoring activities include:

  • Regular visits to designated border areas, including international airports, to monitor access to the territory and to the asylum procedure;
  • Trainings for first and second-line officials in border crossing points;
  • Training sessions delivered at Border Police Schools;
  • Establishment of a mechanism for regular exchange of information at the borders with Serbia, Hungary and Bulgaria;
  • Development of protection information material for potential asylum seekers at the border, under UNHCR coordination, containing up-to-date, accessible and age/gender diversity sensitive information;
  • Assistance to asylum seekers during border procedures, within the framework of UNHCR-IGPF agreement.

The border monitoring activity implies gathering data on entries and exits in and from Romania through public sources – media monitoring – official statistics and visits to designated border areas.
During the visits to the designated border areas, the implementing partner:

  • Inspects the facilities in the transit zones designated for asylum seekers;
  • conducts interviews with the asylum seekers accommodated there;
  • discusses with the authorities at the border crossing point, border sector or Territorial Inspectorate of Border Police.  The discussions with the authorities usually cover trends, routes, number of entries and exits, particular cases and other relevant information.

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 general, JRS conducts its monitoring visits separately from UNHCR, however there are periodic joint visits. UNHCR may also conduct visits separately from JRS. UNHCR conducts the same activities as the implementing partner, plus cross-border visits. In practice, cross-border visits are conducted jointly with JRS.

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 in the same day or shortly before the visit is conducted.

In 2020, the border monitoring activities were affected by the pandemic. During the state of emergency no visits were conducted and during the state of alert only essential visits were conducted. A part of the monitoring actions were held over the phone and via email.

A total of 25 monitoring visits were conducted by JRS in 2020, out of which 9 were conducted at the border and 16 at the detention centres. Monitoring visits were conducted jointly with UNHCR at Moravita and Jimbolia border crossing points and at the Territorial Inspectorate of Border Police. JRS carried out monitoring visits at Otopeni and Cluj-Napoca airports, Giurgiu, Moravita and Jimbolia border crossing points, Bucharest and Giurgiu reception centres and Mangalia Border Police. No cross-border monitoring visits were conducted in 2020.

Refusal of entry

According to the Border Police 7,640 third country nationals were refused entry into Romania in 2019. In 2020, a noteworthy increase was registered of 12,684 of persons who were refused entry.[39]

Persons refused entry: 2020
Country Number
Moldova 5,759
Ukraine 4,233
Albania 539
Turkey 425
Serbia 423
Total 12,684

Source: Romanian Border Police

Breakdown of the total number of persons refused entry by border region(2020):

Persons refused entry by border region: 2020
Border Number
Moldova 5,101
Ukraine 4,716
Serbia 986
Air border 737
Bulgaria 601
Hungary 394
Maritime border 149
Total 12,684

Source: Romanian Border Police

In 2020, there were 2 appeals against refusal of entry and 10 appeals against refusal of entry and entry ban; and 48 appeals challenging the entry ban.[40]

Pursuant to the Aliens Act, the 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.[41] This form is provided to the person concerned in Romanian and English.[42]

As the Aliens Act does not foresee a special remedy against the decision of refusal of entry, general administrative law applies.[43] 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.[44]

Prior to lodging an appeal at the Administrative Court, the person, who considers that his or her 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).[45] The appeal is assessed in 30 days.[46]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,[47] or when appealing to the court.[48]

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 bordercrossing point within 24 hours. The term is calculated from the time when the measure of non-entry to Romania was ordered.[49]

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.[50] 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.[51]

The Aliens Act prescribes a special procedure when the foreigner declares to the Border Police authorities that, in case he or she was forced to leave the border crossing point, he or she would have to go to a state where he or she fears that his or her life is endangered or he or she will be subjected to torture, inhuman or degrading treatment and he or she does not submit an asylum application.[52] 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.[53] 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.[54]

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.[55]

Apprehension for irregular exit to Hungary

 

While irregular entry or stay in Romania committed by persons who have been granted a form of protection is not punishable,[56] irregular exit from the country is punishable under the Criminal Code by imprisonment from 6 months to 3 years or a fine.[57]

Up to 2018, asylum seekers or other migrants apprehended trying to irregularly cross the border into Hungary, were sanctioned only with a fine.[58] 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.[59]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 cases as such in 2020. The same was echoed by the stakeholders interviewed from Şomcuta Mare, Galaţi,Rădăuţi, Timișoara, Bucharest.

 

 

 

[1]          Border Police, ‘Patru cetăţeni turci, depistaţi la frontiera cu Serbia’ 30 January 2020, available in Romanian at:https://bit.ly/3aaybPQ; ‘Opt cetăţeni din Irak şi Siria, călăuziţi de un cetăţean irakian, opriţi la frontiera cu Serbia’, 28 January 2020, available in Romanian at:https://bit.ly/3plDMca; ‘Patru cetăţeni sirieni, depistaţi la frontiera cu Serbia’, 16 January 2020, available in Romanian at:https://bit.ly/3iNlheg; ‘15 de cetăţeni din Irak şi Siria, opriţi la frontiera cu Serbia’, 04 January 2020, available in Romanian at:https://bit.ly/36dGl8L;‘Cinci egipteni depistați la malul românesc al Dunării’, 29 February 2020, available in Romanian at:https://bit.ly/2NtOijy;‘16 cetăţeni sirieni, sprijiniţi de doi conaţionali, opriţi la frontiera cu Serbia’,18 February 2020, available in Romanian at:https://bit.ly/3a6tRRo;‘Şase cetăţeni turci şi sirieni, depistaţi la frontiera cu Serbia’, 13 Februarie 2020, available in Romanian at: https://bit.ly/2MtCIV1; ‘Opt cetățeni din India care au vrut să intre ilegal în România, ajutați de doi cetățeni români, opriţi la frontiera cu Serbia’, 12 March 2020, available in Romanian at: https://bit.ly/2Mua2LW;‘O familie din Siria a încercat să intre ilegal în România’ 29 Iulie 2020, available in Romanian at: https://bit.ly/36cHTzW;O familie din Siria a încercat să intre ilegal în România’, 20 Iulie 2020, available in Romanian at: https://bit.ly/2YgDQ1a;‘Trei sirieni depistaţi ascunşi printre paleţi de carton, la P.T.F Porţile de Fier I’, 29 September 2020, available in Romanian at: https://bit.ly/3cbxNTv.

[2]          Border Police,’Patru cetăţeni din Irak şi unul din Siria ascunși într-un camion cu butelii, depistaţi la P.T.F. Calafat’, 04 Ianuarie 2020, available in Romanian at: https://bit.ly/2MqmTi9; Cincisprezece cetăţeni din Siria, Irak şi Afganistan, ascunși într-o remorcă frigorifică, depistaţi la Calafat, 18 February 2020, available in Romanian at:https://bit.ly/3iO4OXk; ‘Tânăr palestinian, ascuns într-un camion cu pâslă, depistat la P.T.F. Giurgiu’, 15 February 2020, available in Romanian at:https://bit.ly/3ocJOdW;Doi tineri din Siria şi Iran ascunși într-un camion cu saltele, depistaţi la P.T.F. Calafat, 10 February 2020, available in Romanian at:https://bit.ly/3oeOwrr; ‘Trei cetăţeni din Maroc şi unul din Siria, ascunși într-un camion încărcat cu aragazuri, depistaţi la P.T.F. Giurgiu’, 19 March 2020, available in Romanian at:https://bit.ly/3cbGiOx;‘Doi cetăţeni din Pakistan, ascunși într-un camion încărcat cu pepeni, depistaţi la P.T.F. Giurgiu’, 14 June 2020, available in Romanian at:https://bit.ly/39f4hdL;Patru cetățeni afgani s-au dat drept americani fără documente, la P.T.F. Giurgiu, 16 July 2020, available in Romanian at:https://bit.ly/3ogVNab; ‘Doi sirieni, ascunși printre profile din termopan, depistaţi la P.T.F. Calafat’, 29 August 2020, available in Romanian at:https://bit.ly/2Mpdwiy;‘Doi marocani și un algerian depistați de polițiștii de frontieră constănțeni, într-un lan de porumb’, 30 September 2020, available in Romanian at:https://bit.ly/2NDbQmg;‘Șapte cetățeni vietnamezi, ascunși printre lăzi cu fructe, depistaţi la P.T.F. Giurgiu, 25 September 2020, available in Romanian at:https://bit.ly/2NErYnx;Afgani depistaţi ascunşi într-un autocamion cu profile metalice, la P.T.F. Giurgiu, 23 October 2020, available in Romanian at:https://bit.ly/3qMbNTk; ‘Tânăr din Palestina, descoperit ascuns într-un autocamion încărcat cu profile metalice, la P.T.F. Giurgiu’, 20 October 2020, available in Romanian at:https://bit.ly/39kLqxO;‘20 de irakieni depistați de polițiștii de frontieră constănțeni, la marginea unei păduri’, 12 October 2020, available in Romanian at:https://bit.ly/3pjMgRd;‘Șase sirieni depistați de polițiștii de frontieră constănțeni’, 26 November 2020, available in Romanian at:https://bit.ly/2M8WBkt; ‘Cetățeni marocani și libieni, ascunși pe șasiul unor autovehicule, depistaţi la P.T.F. Calafat, 22 November 2020, available in Romanian at:https://bit.ly/2MqA1Us;Doi cetățeni din Siria, descoperiți ascunși într-un autocamion încărcat cu adeziv, la P.T.F. Giurgiu’, 20 Decembrie 2020, available in Romanian at:https://bit.ly/3iLgUR5;Nouă tineri din Irak şi Turcia depistați de polițiștii de frontieră constănțeni’, 02 December 2020, available in Romanian at:https://bit.ly/3a2iY37.

[3]          Border Police,’Doi cetățeni din Egipt și unul din Yemen opriți la frontiera de nord a țării’, 01 April 2020, available in Romanian at:https://bit.ly/2NrxhGH; ‘Trei algerieni, opriți la frontiera de nord a țării’, 16 June 2020, available in Romanian at:https://bit.ly/3peugrn;‘Patru cetățeni din Libia, opriți la frontiera de nord a țării,14 June 2020, available in Romanian at:https://bit.ly/2NtVqfO;‘Trei cetăţeni din Yemen, opriți la frontiera de nord a țării’, 08 July 2020, available in Romanian at:https://bit.ly/39icCNI;‘Cinci tineri afgani, opriți din drumul ilegal la frontiera de nord a țării’, 30 November 2020, available in Romanian at:https://bit.ly/3sXyLJ5.

[4]          Border Police,Şapte cetăţeni din Siria și Egipt, depistaţi traversând fluviul Dunărea cu o ambarcaţiune’, 13 February 2020, available in Romanian at: https://bit.ly/2NwT9jX; ‘Şapte cetăţeni din Siria, Yemen şi Egipt, depistaţi trecând ilegal frontiera peste fluviul   Dunărea, cu o ambarcaţiune’, 07 February 2020, available in Romanian at: https://bit.ly/3cboLWB;Doi tineri din Siria și Yemen, salvați din fluviul Dunărea de polițiștii de frontieră’, 22 August 2020, available in Romanian at: https://bit.ly/3a5ppSX; ‘Zece cetăţeni din Siria şi Kuweit, depistaţi pe malul fluviului Dunărea’, 23 December 2020, available in Romanian at: https://bit.ly/3a6iMzW.

[5]          Border Police,’Barcă cu migranti răsturnată în Dunăre, nouă persoane salvate de la înec’, 17 April 2020, available in Romanian at: https://bit.ly/2MtcnqF.

[6]          Border Police, Doi tineri din Siria și Yemen, salvați din fluviul Dunărea de polițiștii de frontieră’, 22 August 2020, available in Romanian at: https://bit.ly/3a5ppSX;

[7]          Border Police, ‘Trei cetăţeni turci călăuziţi de un cetăţean moldovean, depistați de poliţiştii de frontieră, 10 January 2020, available in Romanian at: https://bit.ly/2YdGmFt; Opt cetăţeni turci opriţi la frontieră, în timp ce au încercat să intre ilegal în România, 05 March 2020, available in Romanian at: https://bit.ly/2YbNORg.

[8]          Border Police press releases.

[9]          Border Police press releases.

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

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

[12]         Act 61/2001 on the ratification of the Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the readmission of its own citizens and aliens, available in Romanian at: https://bit.ly/2G1aHjb.

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

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

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

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

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

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

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

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

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

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

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

[24]         Ibid.

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

[26]         UNHCR, UNHCR Serbia Update, available at: https://data2.unhcr.org/en/search.

[27]         UNHCR, UNHCR Serbia Update, available at: https://bit.ly/3b9OYmw

[28]         Euronews, ‘Whips, sticks and batons: Romanian border police accused of violence against migrants’ available at: https://bit.ly/3rWLZo4

[29]         The Border Violence Monitoring Network, Monthly Reports, available at: https://bit.ly/3dgzMGP

[30]         Article 35^1 Asylum Act.

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

[32]         JRS, Forgotten at the Gates of Europe: Ongoing Protection Concerns at the EU’s External Border, June 2018, available at: https://bit.ly/2NcY0VL.

[33]         Ibid, 17 and 19.

[34]         Ibid, 17.

[35]         Ibid.

[36]         Article 106^1 Aliens Act – Toleration status is granted to third country nationals who do not have the right to stay in Romania and due to objective reasons, foreseen by the Aliens Act cannot leave Romania.

[37]         JRS, Forgotten at the Gates of Europe, June 2018,19.

[38]         Ibid, 19-20.

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

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

[41]         Article 8(4) Aliens Act.

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

[43]         Act 554/2004 on Administrative Litigation.

[44]         Articles 6-18 Acton Administrative Litigation.

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

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

[47]         Article 14 Act on Administrative Litigation.

[48]         Article 15 Act on Administrative Litigation.

[49]         Article 9(1) Aliens Act.

[50]         Article 9(2) Aliens Act.

[51]         Article 9(3) Aliens Act.

[52]         Article 9(5) Aliens Act.

[53]         Article 9(6) Aliens Act.

[54]         Article 9(7) Aliens Act.

[55]         Article 9(8) Aliens Act.

[56]         Article 11 Asylum Act.

[57]         Article 262(1) Criminal Code.

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

[59]         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.

Table of contents

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