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A study by the National Ombudsman regarding repatriation processes concludes that some aspects of this procedure can be improved. The Ombudsman has made recommendations to the State Secretary of Security and Justice with regard to the availability of medical care, the accessibility of the complaints procedure, and the exchange of information. In his report, he also advocates multidisciplinary supervision of the entire repatriation process as well as standard investigation of incidents.
The National Ombudsman examined the process by which persons refused leave to remain in the Netherlands are removed from the country, and specifically the manner in which repatriation flights are organized and monitored to ensure no violation of individual’s rights. In 2014, the Netherlands returned 1,520 persons to their country of origin through booking them onto scheduled flights. In some cases, ‘Joint Return Operations’ (JROs) are organized under the auspices of the European Frontex agency, in which case one Member State is responsible for the flight itself and for the monitoring arrangements. In 2014, the Netherlands repatriated fourteen persons on a Frontex flight.
Implementation
The National Ombudsman finds that officers of the Royal Netherlands Marechaussee (Koninklijke Marechaussee) generally succeed in establishing a good rapport with the returnees they are required to escort,evertheless, the National Ombudsman sees room for improvement in terms of medical support and the exchange of information. For one thing, the circumstances in which it is necessary to verify whether a returnee is ‘fit to fly’ have not been adequately defined. In the Ombudsman’s view, medical support must be available at all times.
The National Ombudsman also draws attention to shortcomings in information exchange regarding the returnee’s personal details (such as height, the language he or she speaks, and whether any resistance to repatriation can be expected) is – or should be – recorded. In some cases, essential information is not to hand. In the Ombudsman’s opinion, the exchange of information in the repatriation process should be improved.
Monitoring and supervision
Since 2014, the Security and Justice Inspectorate (Inspectie Veiligheid en Justitie) has been responsible for supervising return operations from the moment the returnee arrives at the departure airport until he or she arrives at the destination airport. The National Ombudsman finds that this supervision must be extended to include the preparations for the return flight. In addition, the Inspectorate should be required to investigate all incidents.
The National Ombudsman finds that returnees must also be actively informed about their right to submit a complaint, and that relevant information should be made available both before and during the return flight.
Monitoring of Frontex flights
The organization and supervision of a Frontex flight falls to one of the participating Member States. Frontex has produced a Code of Conduct to which all members subscribe. However, Member States each have different standards when it comes to repatriation flights. The National Ombudsman recommends that the definition of ‘proportional force’ is harmonized at European level, together with agreements on monitoring and supervision. This calls for improved cooperation between Member States.
Source: De Nationale Ombudsman, Netherlands
