Report highlights need for clear guidelines on immigrant repatriation

In a just-published report on Thursday, the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) said that persons being returned to their countries were treated with respect by Cypriot police, but it highlighted the need for clear guidelines on flight preparations and boarding procedures.

The remark is included in a report concerning the committee’s ad hoc visits to Belgium carried out from November 7 to 10, and to Cyprus from November 7 to 9, 2022, in the context of a Frontex-supported return operation to the Democratic Republic of Congo, together with the responses of the Belgian and Cypriot authorities.

The CPT sent, for the first time, two delegations to observe the preparations and conduct of a joint return operation by air from Belgium and Cyprus to the Democratic Republic of Congo that took place on November 8, 2022. The return flight was organised by Belgium, with the participation among others of Cyprus, and was supported by the European Border and Coast Guard Agency (Frontex).

In the report regarding the visit to Cyprus, the CPT found that the persons being returned were treated with respect by Cypriot police. But it also highlighted the need for clear guidelines on flight preparations and boarding procedures, including as regards health-related issues.

It also became aware of allegations of ill-treatment after aborted removal attempts which took place in the months prior to the CPT’s visit.

One such case of alleged ill-treatment involved a foreign national who in July 2022 was returned to the Menoyia detention centre after a failed forced removal attempt. At the centre, he complained the police escorts had kicked him in the genital area and that they had twisted the thumb of his right hand.

On this, the CPT said that at the time of its visit, the investigation into the allegation of ill-treatment by the independent authority investigating allegations and complaints against the police had not been concluded.

“The CPT would like to receive up to date information as to the state of affairs of the investigations into the allegation of ill-treatmen,” the report reads.

The CPT urges Cypriot authorities to “take a proactive approach as regards the detection and prevention of ill-treatment,” including the systematic medical screening of foreign nationals, upon their arrival at the immigration detention centre and after an aborted removal attempt, as well as the documenting and reporting of medical evidence of ill-treatment.

It also makes specific recommendations aimed at improving safeguards in the context of the preparation for removal, namely as regards the timely notification of the removal, access to a lawyer and a medical examination by a doctor before the removal, in the context of a ‘fit-to-fly’ assessment.

Responding to these findings, Cypriot authorities provided information on the ongoing investigations carried out into the cases of alleged ill-treatment raised by the CPT.

The authorities also indicated the steps taken in relation to, among others, medical examinations, documenting and reporting of injuries, procedures for police escorts during forced and voluntary returns, the use of means of restraint, and the provision of interpretation services and training for escort officers.

Moreover, they indicate that, as matter of public policy, no vulnerable persons are being detained in immigration detention, including unaccompanied minors or families with children.