Access to the territory and push backs

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 2021, the number of asylum seekers who tried to enter Romania by crossing the Danube River or Timiş River by boats, dinghies or swimming coils increased dramatically, [4] compared to 2020,[5] when only a few incidents were reported by the Border Police. Nevertheless, even though more incidents were reported in 2021, these did not result in casualities.

According to a 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”.[6] 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”.[7]

The Border Police reported that 831 persons were returned to neighbouring countries, under the readmission agreements, in 2021.[8]

Source: Border Police.

However, the number of persons returned to Serbia in 2021 reported by the directors of the two detention centres is higher. According to the director of Arad public custody centre, 475 foreigners detained in Arad were returned to Serbia under the readmission agreement in 2021. From Otopeni custody centre around 200 detainees were returned to Serbia in 2021, according to the representatives of the centre.

The Border Police have 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 and includes information on the reason and possibility to challenge the measure. This information is provided with the help of an authorized interpreter.[9]

A JRS representative reported that based on the joint border control (Romania-Bulgaria), the persons who illegally crossed the border are handed over to the other state in order to continue the investigation and establish the factual situation, and the return decision is communicated to them in writing (at the green border). As regards returns to Serbia, third-country nationals apprehended in Romania are handed over to Serbian authorities, if there are strong indications that they illegally crossed the border between Serbia and Romania, and the return decision is also communicated in writing.

According to the Border Police, a total of 9,053[10] persons were apprehended for irregular entry in 2021 compared to 6,658[11] in 2020 and 2,048 in 2019.[12]

Breakdown by border region where the persons were apprehended:

Source: Border Police.

In 2020, (as well 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.[13] 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.[14] No cases were reported in 2021.

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.[15] According to a JRS representative, they applied for asylum a month after their criminal proceedings started. The outcome of the case is not known.

Relocation and resettlement

Romania pledged to resettle 109 refugees in 2018-2019[16] from Turkey (69) and Jordan (40). According to JRS and IOM ROMANIA, 73 persons were resettled (42 from Jordan and 31 from Turkey).[17] In addition, 12 migrants rescued in the central Mediterranean were relocated to Romania.[18] Nine migrants were relocated from Italy and three from Malta.

In 2020, Romania resettled 37 Syrian refugees from Turkey and 4 migrants rescued in the Mediterranean Sea were relocated from Malta.[19]

According to Government Decision no. 1596/2008 on the resettlement of refugees in Romania, the resettlement quota set for the period 2020-2021 was 200 refugees in need of resettlement. During 2021, 75 people were resettled to Romania and the operations are to continue in 2022.[20]

Special measures imposed during the pandemic.

During the pandemic, upon arrival in the country, any general legal measures of public health in force at the time were also imposed on resettled persons including quarantine on arrival from areas with a high epidemiological risk.[21]

Pushbacks and border monitoring

In 2019, 2,048 persons were apprehended for crossing, or attempting to cross, the border.[22] The Border Police prevented the entry of 6,042 persons.[23] In 2020 this number increased significantly to 6,658 persons apprehended for crossing, or attempting to cross, the border and 12,684 persons were prevented from entering Romania.[24] In 2021, 9.053 persons were apprehended for attempting to cross the border and 11.232 persons were prevented from entering the country.[25]

Source: Border Police.

In 2021, UNHCR Serbia stopped publishing disaggregated statistics based on the country from which foreigners were pushed back.

UNHCR Serbia reported that 13,409 persons were collectively expelled from Romania to Serbia from 1 January to 31 December 2020,^[26] which is 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. The number has increased in comparison to 2018, when 746-persons were collectively expelled and 2019, when 1,561 persons were collectively expelled.

In 2021 JRS documented 34 incidents of pushback involving mainly single men.

Ill- treatment at the border

According to the JRS legal counselor in Galaţi, out of 130-150 interviews with asylum seekers only 5 asylum seekers declared that they were pushed back to Serbia and 4 of them said they had been beaten by the border police at Serbian- Romanian crossing points. One person stated that he was beaten by the gendarmerie present during the transfer from Timisoara. The latter, who was suffering from a medical condition, which gave the impression that he was groggy, was hit in the stomach by a gendarme because he was moving too slow. Even though only a few persons stated that they were ill-treated, the the JRS representative is of the opinion that many more were pushed back and ill-treated at the border, but they were reluctant to say anything due to fear of retaliation.

The JRS representative from Somcuta Mare stated that asylum seekers who had tried to enter the country many times had said that they had been beaten and their phones and money were stolen by the Border Police officers and they were sent back to Serbia. None of the persons who declared the above wanted to press charges against the perpetrators. Also, they had requested that their phones be returned and the Border Police had answered that they were part of criminal investigations.

According to the JRS representative in Rădăuţi, many asylum seekers complained of being pushed-back at the Romanian-Serbian border. Single men, unaccompanied children and families who had tried to cross the border around 20 times. Some of them declared that their phones and money had been taken away without any written procedure. 4-5 persons also complained of violent behavior by the Border Police /Jandarmerie officers. The legal counsellor also stated that asylum seekers complained about pushbacks and one of the asylum seekers complained that his two phones had been broken by the Border Police. In addition, a family stated that when they went to the Timisoara Territorial Inspectorate of the Border Police, they were held by the officers for no reason.

According to the JRS representative in Bucharest many asylum seekers stated that they had been pushed back to Serbia several times, that they had been beaten and their phones, money and even clothes had been stolen.  Families were also pushed-back, however there were no reports of violence being used against them. Some asylum seekers declared that they had tried to enter Romania 7-8 times. 2-3 asylum seekers refused to file a complaint against the Border Police’s treatment, even though they had visible signs of ill-treatment on their faces (bruises), due to the fear of potential retaliation during the asylum procedure.

The JRS representative of Timișoara stated that there were asylum seekers who had mentioned that  they had tried to cross the border into Romania many times but had been stopped by the Romanian Border Police. Asylum seekers declared many times that their money had been stolen and that they had been beaten by the police with batons. owever, no report of violence against women or families with children was made.

CNRR stated that isolated cases of violence were reported to them in 2021.[27]

When reporting the pushbacks from neighbouring countries UNHCR Serbia noted that the pushed-back persons were mainly men, but there were also families, unaccompanied children and women and in the second half of the year persons originating from Afganistan made up the majority of pushed-backs.[28]

Refugee Rights Europe published the testimony of an Afghan young person (20), on how he was apprehended and beaten by the Romanian Border Police.[29] Aljazeera also published an article on illegal pushbacks from Romania, mentioning the Amsterdam-based investigative news organisation, Lighthouse Reports, which ‘used remote, motion-activated cameras, to film uniformed border guards forcing men and women into neighbouring Serbia in three separate incidents.’ Some of those people claimed to the investigative team ‘to have been physically assaulted during the pushback’. ‘Two border guards speaking anonymously to Lighthouse Reports said Romanian police routinely conduct pushbacks to Serbia’.[30]

The Protecting Rights at Borders (PRAB) report of January-May 2021 also covered testimonies on the situation at the Romania border. The report mentioned that “Romanian patrols/border police tend to round them up immediately after being identified walking from the direction of the border belt. Interviewees further report slapping, kicking, beatings with police batons, being punched on their backs, hands and legs. The majority of refugees and migrants interviewed reported that they were ordered to sit on the ground, to kneel despite rain or snow, that they were searched, and that their mobile phones were smashed on the ground and not returned. When a person asked about asylum, the response was often that “it is not possible in Romania”, according to interviewees’ statements”.[31]  Furthermore, it was reported that pushbacks “appear to be more violent, with almost every other interviewee reporting experiencing physical abuse (151 persons – 46%). At the same time, theft, extortion and destruction of property were reported by 14% of interviewees (46 persons), while access to asylum procedures was denied for 24% of interviewees (79 persons)”.[32]

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 increased violence from the Romanian Border Police officers and gendarmerie towards migrants, adults and minors. They reported that police often take their jackets and even burn them; “pictures and videos taken by pushback victims show insults, beating, and transport in overcrowded vans”. “Extortion of money and personal belongings seems also very frequent, as well as destruction of cellphones. In most testimonies taken between the 24th and 31st of October, minors were involved and treated as violently as other victims. One young Syrian boy reported that a Romanian Police officer used a taser on him (1.1), which was also reported in August by Afghan minors.” It was also reported that foreigners were not detained but were rather taken back to Serbia shortly after their apprehension.[33]

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.^[34]

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.[35]

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. During their monitoring visits JRS supplies the border crossing points with 80-100 leaflets. According to the JRS representative, since August 2021 no leaflets had been distributed at the border crossing points and she was not aware if information materials were still available at each crossing point.

According to the JRS representative everyone complained that there were no interpreters at the border or that they did not get there quickly. In Iasi, for example, the Border Police were soliciting interpretation services from students. At the border crossing point the interpretation is done through videoconferencing. Nevertheless, it was reported by the JRS representative that the Drobeta Turnu Severin Border Police does not use interpreters due to the high cost of these services and as an alternative they use Google translate to communicate with foreigner citizens.

The JRS representative from Rădăuţi reported that many of the asylum seekers expressed their intention to make an asylum application and others mentioned that they had been informed about this possibility. Asylum seekers met the interpreter for the first time at the Territorial Inspectorate of the Border Police of Timisoara. She mentioned that there were several situations where unaccompanied minors had been registered as adults at the Border Police. However, this was rectified by IGI-DAI, when they presented a copy of their identity document or taskera. It was also reported that the Arabic and Farsi interpreters at the Border Police were mocking the asylum seekers and making comments about what they were declaring.

The JRS representative from Timisoara reported that interpretation at the border was provided in an inconsisten manner.

The JRS representative of Galaţi mentioned that there were no asylum seekers who had declared that they were not able to understand the Romanian Border Police officers.

The legal counselor of Rădăuţi reported that many asylum applications are filled in in Romanian and the reasons given in the application are all socio-economic.

The JRS representative in Bucharest reported that asylum seekers are informed about the possibility to make an asylum application when they are at the Territorial Inspectorate of the Border Police of Timisoara, where they also have an interpreter. Some of the asylum seekers said that they did not understand the information received.

The same was reported also by the JRS representative from Somcuta Mare, interpretation is only provided at the Territorial Inspectorate of the Border Police of Timisoara. When asylum seekers were expressing their will to make an asylum application in Drobeta at the crossing point someone from the group was interpreting or there was an interpreter. However, the majority of asylum seekers said they were informed about the asylum procedure.

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.

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). JRS Romania is UNHCR’s implementing partner 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;
• Has discussions 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 on the same day or shortly before the visit is conducted.

In 2021, a total of 51 monitoring visits were conducted by JRS at the border, in detention and regional centers: Otopeni, Arad, Bucharest regional centre, Otopeni Airport, Timisoara Airport, Sibiu Airport, Satu-Mare Airport, Timisoara Border Police Territorial Inspectorate (ITPF- Timisoara), ITPF Iasi, ITPF Oradea, ITPF Sighetu Marmatiei, Service Territorial of the Giurgiu Border Police, STPF Drobeta Turnu Severin, STPF Galati, Giurgiu Border Crossing Point, Border Police Stamora Moravita, Border Police Jimbolia, Border Police Nadlac I and II, Coast Guard (Constanta), Border Police Ostrov, Border Police Varsand, Border Police Siret , Radauti regional centre, Border Police Portile de Fier I, Border Police Sannicolau Mare, Border Police Bors I and II, Border Police Carei, Border Police Sighet.

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

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.[36] In 2021 the number slightly decreased to 11.232 persons.[37]

Source: Romanian Border Police.

Breakdown of the total number of persons refused entry by border region (2021):

Source: Romanian Border Police.

UNHCR Romania reported 69,589 persons were prevented from entering the country from January to the end of November 2021, based on statistics received from IGI-DAI, correlated with statistics received from the Border Police.[38]

In 2021, at the level of the General Inspectorate of Border Police (IGPF), 85 files were processed, of which there were 79 appeals challenging the entry ban, only 3 appeals against refusal of entry and 3 appeals against both measures. Of these, only 50 cases were registered during 2021. [39]

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.^[40] This form is provided to the person concerned in Romanian and English.^[41]

As the Aliens Act does not foresee a special remedy against the decision of refusal of entry, general administrative law applies.[42] 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.[43]

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).[44] The appeal is assessed in 30 days.[45]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,[46] or when appealing to the court.[47]

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.[48]

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.[49] 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.^[50]

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.^[51] 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.^[52] 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.^[53]

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.^[54]

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,[55] irregular exit from the country is punishable under the Criminal Code by imprisonment from 6 months to 3 years or a fine.[56]

Up to 2018, asylum seekers or other migrants apprehended trying to irregularly cross the border into Hungary, were sanctioned only with a fine.[57] 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.[58]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 2021. The same was echoed by the stakeholders interviewed from Şomcuta Mare, Galaţi, Rădăuţi, Timișoara, Bucharest.

[1] Border Police, ‘Afgani şi pakistanezi depistaţi ascunşi în TIR la Moraviţa, 5 February 2021, available in Romanian at : https://bit.ly/3AhNLpo; ‘Patru cetăţeni din Bangladesh depistaţi de poliţiştii de frontieră timişeni’, 2  March 2021, available in Romanian at: https://bit.ly/3KtKmIK; ‘Şase indieni şi pakistanezi, sprijiniţi de un cetățean român, depistaţi la graniţa cu Serbia’, 11 June 2021, available in Romanian at: https://bit.ly/33LZ25j; ‘Cinci afgani, sprijiniţi de un cetățean român, depistaţi la graniţa cu Serbia’,12 June 2021, available in Romanian at: https://bit.ly/3FYq6vg; ‘Două călăuze şi zece cetăţeni afgani, opriţi la frontiera cu Serbia’, 13 July 2021, available in Romanian at: https://bit.ly/3KBdZHV; ‘Familie de cetățeni irakieni, aflată în stare de deshidratare, sprijinită de polițiștii de frontieră, 24 July 2021’, available in Romanian at: https://bit.ly/3IrIbna; ‘Opt cetăţeni străini au încercat să intre ilegal în ţară, ascunşi într-un automarfar’, 30 July 2021, available in Romanian at: https://bit.ly/3KBgtpV; ‘Două călăuze şi opt cetăţeni străini, opriţi la frontiera cu Serbia’, 2 August 2021, available in Romanian at: https://bit.ly/3IzJCQj; ‘Un grup format din şaptesprezece migranţi care erau călăuziţi de un român, depistat la frontiera cu Serbia’, 30 August 2021, available in Romanian at: https://bit.ly/3FOMlUs; ‘Zece persoane depistate la frontiera cu Serbia’, 25 September 2021, available in Romanian at: https://bit.ly/3ArEriK; Prim ajutor oferit de poliţiştii de frontieră unei femei însărcinate, în cadrul unor acțiuni de combatere a migrației ilegale, 12 October 2021, available in Romanian at: https://bit.ly/3fSRAba; Patru indieni, sprijiniţi de un cetățean român, depistaţi la graniţa cu Serbia, 22 October 2021, available in Romanian at: https://bit.ly/3It8NnO; ‘Ajutor acordat unui grup de migranți, la granița cu Serbia’, 2 November 2021, available in Romanian at: https://bit.ly/3r538yB; ‘Cetățeni din Nepal, depistați în timp ce doreau să treacă ilegal frontiera înspre Serbia’, 3 November 2021, available in Romanian at: https://bit.ly/3AquqT0; ‘Patru cetăţeni străini depistaţi când intenţionau să intre ilegal în România’, 07 November 2021, available in Romanian at: https://bit.ly/3rHvvSt; ‘Şase afgani, sprijiniţi de un cetățean român, depistaţi la graniţa cu Serbia’, 6 December 2021, available in Romanian at: https://bit.ly/3rN2If3; ‘Cinci migranți turci și o călăuză, depistați de polițiștii de frontieră constănțeni’, 8 December 2021, available in Romanian at: https://bit.ly/32sY0uz; 19 indieni care au trecut ilegal frontiera sprijiniţi de un cetățean român, depistaţi la graniţa cu Serbia, 17 December 2021, available in Romanian at: https://bit.ly/3KGBQ98; ‘Cetățeni străini opriți la frontiera cu Serbia’, 24 December 2021, available in Romanian at: https://bit.ly/3G1256O; ’Treizeci şi doi de cetăţeni indieni, depistaţi la frontiera cu Serbia, 29 December 2021, available in Romanian at: https://bit.ly/33P6pZL;

[2] Border Police,’Șase cetățeni din Siria, descoperiți ascunși într-un autocamion încărcat cu frigidere, la P.T.F. Giurgiu, 30 ianuarie    2021, available in Romanian at: https://bit.ly/3nJoRK0, ‘Cinci cetățeni străini, depistaţi ascunşi într-un camion cu portocale’, 15 March 2021, available in Romanian at:  https://bit.ly/3fPkfO4; ‘Un alt grup de cetăţeni turci, oprit de poliţiştii de frontieră la graniţa cu Bulgaria’, 8 March 2021, available in Romanian at: https://bit.ly/3FMxeLi; ‘21 de cetățeni străini, depistaţi ascunși într-un autocamion încărcat cu pepeni la P.T.F. Giurgiu’,  27 May 2021, available in Romanian at: https://bit.ly/32isIGv; ‘Trei tineri afgani, ascunși într-un autocamion încărcat cu pepeni, depistaţi la P.T.F. Bechet’, 11 June 2021, available in Romanian at: https://bit.ly/3GXc2U3; ‘Cinci migranți depistaţi de polițiștii de frontieră din cadrul I.T.P.F. Giurgiu’,19 June 2021, available in Romanian at: https://bit.ly/3AoLb0N; ‘Tânăr afgan, salvat după ce a fost descoperit fără cunoştință în remorca unui TIR ce venea din Turcia’, 25 June 2021, available in Romanian at: https://bit.ly/343hUg8; ‘20 de migranți depistați de polițiștii de frontieră constănțeni’, 29 June 2021, available in Romanian at: https://bit.ly/3qSLaiv; ‘Doi cetățeni români prinși în flagrant de polițiștii de frontieră constănțeni, în timp ce transportau migranți ilegali’, 4 July 2021, available in Romanian at: https://bit.ly/3FUSPAY; ‘Cinci migranţi descoperiţi în compartimentul de bagaje al unui microbuz. Doi cetățeni moldoveni, care i-au ascuns, arestaţi preventiv’, 19 July 2021, available in Romanian at: https://bit.ly/3AnTKJc; ‘Sirian depistat ascuns în portbagajul suplimentar de pe plafonul unui autoturism, 6 August 2021 available in Romanian at: https://bit.ly/3AtCu5b; ‘Doi sirieni ascunși în saci de plastic, în remorca unui TIR. Unul dintre ei a fost salvat de polițiștii de frontieră giurgiuveni, după ce și-a pierdut cunoștința’, 10 August 2021, available in Romanian at: https://bit.ly/3nRJap0; ‘Metodă inedită de a trece ilegal frontiera de stat. Ascunderea în saci de plastic, în autocamioan’, 12 August 2021, available in Romanian at: https://bit.ly/3AnIBs1;’Opt cetățeni străini, depistați în timp ce încercau să intre ilegal în țară, folosind cărți de identitate și pașapoarte false’, 4 October 2021, available in Romanian at: https://bit.ly/3KC1mfM; ‘Doi cetățeni sirieni, ascunși într-un ansamblu rutier, depistați la P.T.F. Giurgiu’,  24 October 2021, available in Romanian at: https://bit.ly/3ItG8iv; ‘Din Turcia până la Giurgiu, ascuns pe osia unei semiremorci’, 26 October 2021, available in Romanian at: https://bit.ly/3tUdmDr; Doi cetățeni străini opriți din drumul ilegal către Norvegia, 29 October 2021, available in Romanian at: https://bit.ly/3H0M7La; Patru cetățeni străini au călătorit din Turcia până în România, ascunși pe osiile unor semiremorci, 7 November 2021, available in Romanian at: https://bit.ly/33Ms84D; ‘Patru cetățeni sirieni care intenţionau să intre ilegal în România si şoferul camionului care i-a ajutat, depistaţi la P.T.F. Calafat’, 8 November 2021, available in Romanian at: https://bit.ly/3fUyxgs; ‘Doi bărbați din Turcia s-au ascuns sub bagajele dintr-un microbuz, pentru a trece ilegal frontiera’, 8 November 2021, available in Romanian at: https://bit.ly/3IB9ZFx; Doi cetățeni sirieni care intenționau să ajungă ilegal în Germania, depistați în proximitatea P.T.F. Calafat, 10 November 2021, available in Romanian at: https://bit.ly/33QuXBA; ‘Doi cetățeni străini ascunși în remorca unui TIR, descoperiți în P.T.F. Giurgiu’, 13 December 2021, available in Romanian at: https://bit.ly/3fPT6e4;

[3] Border Police, Trei algerieni opriți din drumul ilegal spre vestul Europei, 17 June 2021, available in Romanian at: https://bit.ly/3qRF5CS; ‘Patru algerieni depistaţi la frontiera de nord a țării’, 15 August 2021, available in Romanian at: https://bit.ly/3fVpSu8; ‘Cetăţeni indieni depistați la frontiera cu Ucraina’, 28 August 2021 available in Romanian at: https://bit.ly/3IzK7d9; ‘Patru algerieni opriţi la frontiera de nord a țării’, 3 October 2021, available in Romanian at: https://bit.ly/35mDQ6F; ‘Cinci cetăţeni din Eritreea și Afganistan opriți la frontiera cu Ucraina’, 21 October 2021, available in Romanian at: https://bit.ly/3rMK334; ‘Patru algerieni și trei afgani opriți din drumul ilegal spre vestul Europei’, 24 October 2021, available in Romanian at: https://bit.ly/33L4HZt.

[4] Border Police, ‘18 cetăţeni străini, depistaţi la malul Dunării de poliţiştii de frontieră mehedinţeni’, 22 february 2021, available in Romanian at: https://bit.ly/3FSmScG; ‘Cetățeni din Yemen salvați de polițiștii de frontieră din apele fluviului Dunărea, 11 February 2021, available in Romanian at : https://bit.ly/3AjrxDi; 30 cetăţeni străini, depistaţi de poliţiştii de frontieră mehedinţeni, 11 April 2021, available in Romanian at : https://bit.ly/3Kw75Ur; Poliţiştii de frontieră au intervenit pentru salvarea a doi cetăţeni afgani, din apele râului Timiş, 9 April 2021, available in Romanian at: https://bit.ly/32p0A4M; Cetăţeni străini, depistaţi de poliţiştii de frontieră mehedinţeni, 22 April 2021, available in Romanian at: https://bit.ly/3rFsXnI; 10 cetăţeni străini, depistaţi de poliţiştii de frontieră, 6 May 2021, available in Romanian at: https://bit.ly/3fHG0zs; Cetăţeni străini, salvaţi de poliţiştii de frontieră din apele fluviului Dunărea, 9 May 2021, available in Romanian at: https://bit.ly/3tQmjh8; Opt cetăţeni afgani, depistaţi la malul Dunării de poliţiştii de frontieră Mehedinţeni, 20 May 2021,available in Romanian at: https://bit.ly/3qNfOK1; Cetăţeni străini, printre care zece copii, depistaţi de poliţiştii de frontieră la malul fluviului Dunărea, 25 May 2021, available in Romanian at: https://bit.ly/3GNWMZC; Cincisprezece cetățeni străini care au traversat Dunărea cu o ambarcațiune gonflabila, depistați de polițiștii de frontieră, 30 May 2021, available in Romanian at : https://bit.ly/33JAI3Z; Zece adulţi si doisprezece copii au traversat Dunărea, din Serbia,cu o barca gonflabilă, 6 June 2021, available in Romanian at : https://bit.ly/3tO4lfn; Opt cetățeni din Siria şi Kuweit au traversat Dunărea cu o barca gonflabilă, 10 June 2021, available in Romanian at : https://bit.ly/3tM1Yts; Șase adulți și cinci copii depistaţi la malul Dunării de poliţiştii de frontieră mehedințeni, 12 June 2021, available in Romanian at : https://bit.ly/3qVyXtz; Opt migranți, din care trei minori, au traversat Dunărea cu o barcă gonflabilă, 22 June 2021, available in Romanian at : https://bit.ly/3ItLDxI; 4 migranți salvaţi de poliţiştii de frontieră din apele fluviului Dunărea, 27 June 2021, available in Romanian at : https://bit.ly/340cCC6; 11 migranți au traversat Dunărea cu o barcă pneumatică, 2 July 2021, available in Romanian at : https://bit.ly/3nT1QVj; ‘Cetăţean iranian salvat de la înec din apele fluviului Dunărea, de către poliţiştii de frontieră giurgiuveni’, 21 July 2021, available in Romanian at : https://bit.ly/3GXf1Mb; ‘Treisprezece cetăţeni străini depistaţi după ce au traversat fluviul Dunărea’, 20 September 2021, available in Romanian at : https://bit.ly/3IMVQWf; ‘Zece persoane au încercat să treacă ilegal fluviul Dunărea’, 30 September 2021, available in Romanian at : https://bit.ly/3FZEAuS; ‘Doisprezece cetăţeni din Iran și Irak, depistaţi la malul Dunării de poliţiştii de frontieră mehedinţeni’, 2 October 2021, available in Romanian at : https://bit.ly/3Ivg32C; ‘Două familii din Afganistan care au traversat Dunărea cu o barcă gonflabilă, depistate de poliţiştii de frontieră de la Moldova Veche’, 19 October 2021, available in Romanian at : https://bit.ly/3tUjyLY; ’Opt migranţi scoşi din apele fluviului Dunărea de poliţiştii de frontieră, 20 October 2021, available in Romanian at : https://bit.ly/3KzftCG; ‘Două familii din Siria și Afganistan, depistate la malul Dunării de poliţiştii de frontieră de la Moldova Veche’, 25 Octombrie 2021, available in Romanian at : https://bit.ly/3Arfhkn; Opt afgani, depistaţi la malul Dunării de poliţiştii de frontieră de la Moldova Veche, 19 November 2021, available in Romanian at : https://bit.ly/3fUbbaY.

[5] 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; ‘Zece cetăţeni din Siria şi Kuweit, depistaţi pe malul fluviului Dunărea’, 23 December 2020, available in Romanian at: https://bit.ly/3a6iMzW.

[6] Border Police press releases.

[7] Border Police press releases.

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

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

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

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

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

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

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

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

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

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

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

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

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

[21] Ibid.

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

[23] Ibid.

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

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

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

[27] Information provided by CNRR, 15 February 2022.

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

[29] Refugee Rights Europe, Romania: Another twist along the Balkan Route, 26 May 2021, available in English at: https://bit.ly/35kNdDK.

[30] Aljazeera, Croatia, Greece, Romania illegally pushing refugees back: Report, available in English at: https://bit.ly/3tW5tgX.

[31] PRAB, Report January- May 2021, p.7, available in English at: https://bit.ly/3trlGbV

[32] Ibid.

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

[34]  Article 35^1 Asylum Act.

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

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

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

[38] UNHCR Romania, Monthly Operational Update November 2021

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

[40] Article 8(4) Aliens Act.

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

[42] Act 554/2004 on Administrative Litigation.

[43] Articles 6-18 Acton Administrative Litigation.

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

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

[46] Article 14 Act on Administrative Litigation.

[47] Article 15 Act on Administrative Litigation.

[48] Article 9(1) Aliens Act.

[49] Article 9(2) Aliens Act.

[50] Article 9(3) Aliens Act.

[51] Article 9(5) Aliens Act.

[52] Article 9(6) Aliens Act.

[53] Article 9(7) Aliens Act.

[54] Article 9(8) Aliens Act.

[55] Article 11 Asylum Act.

[56] Article 262(1) Criminal Code.

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

[58] 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.