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There are some positive
elements, but also "concerns" about the measures of
"detention while awaiting expulsion, including the
detention of children, and the fact that an appeal
against forced expulsion does not suspend its effect":
that is the comment of PETER
VERHAEGHE, immigration expert of Caritas
Europe, on the recent adoption (11 May 2005) by the 46
member countries of the Council of Europe of a document
containing 20 guidelines on the forced repatriation of
irregular immigrants. These guidelines are a response to
the numerous fatal incidents that have occurred in
Europe in recent years during forced repatriation,
including the case of the young Semira Adamu, who died
of suffocation during her expulsion by the Belgian
authorities. The Council of Europe's intention was to
reconcile the repatriation policy with full respect for
human rights. The European Commission – Caritas Europe
points out – will soon propose a draft Directive on the
"minimum criteria for the return of persons irregularly
resident in the EU". The measure will be discussed
during the British Presidency of the EU Council. The
shortcomings and strong points of the guidelines,
according to Caritas Europe, are as
follows:
SHORTCOMINGS.
Detention, especially of children. Caritas Europe "takes
note of the initiative with interest and recognizes
positive elements in the document", but expresses its
concerns about "the detention measures prior to
expulsion, including the detention of children, the fact
that an appeal against a forced expulsion does not
suspend its effect, and the principle of expulsion to a
third country". Verhaeghe adds: "even if the document of
the Council of Europe prescribes that a person's
detention while awaiting expulsion can only be decided
after a rigorous and individual examination", the means
of detention itself "does not contribute to a dignified
return". Caritas Europe contests "the effectiveness of
detention as a measure to guarantee an effective
repatriation. Some statistics show that the number of
people detained and effectively repatriated does not on
average exceed 35%". Caritas Europe especially contests
the detention of children, "whether they are accompanied
by their parents or not": "Children ought never to be
detained. This provision is a traumatic experience for
them". It is feared, in particular, that the precautions
indicated in the text do not sufficiently guarantee the
rights of children and that, in practice, this lack of
clarity may lead to violations of their
rights".
Appeals that do not
suspend expulsions. Verhaeghe also contests,
"with apprehension", the fact that the principle of
effective appeal "does not guarantee suspension of an
expulsion order in the adopted text": "An effective
appeal against a forced expulsion – he says – is not
really effective unless expulsion from the territory is
suspended during the examination of the appeal".
STRONG POINTS.
Ban on collective
expulsions. Caritas Europe, however,
welcomes as positive the fact that the Council of Europe
"gives priority to the options of voluntary return and
encourages States to promote programmes to this end".
The document's more positive aspects also include the
fact that it "prohibits the collective expulsion of
foreigners. This ought to guarantee the individual
examination of each dossier". In this regard it is
pointed out that on 13 May this year the European Court
of Human Rights requested Italy to suspend the expulsion
of immigrants, after the appeals lodged by a group of
Italian lawyers on behalf of 79 foreigners who contested
the legality of the measures of collective expulsion
from Lampedusa to Libya. Caritas Europe also welcomes
"the principle that a person cannot be sent to a country
in which he/she runs the risk of inhumane or degrading
treatment by non-state agents".
Ban on coercive
techniques. Caritas Europe also notes "with
satisfaction the ban on the use of coercive techniques
during the expulsion procedure; these techniques risk
obstructing the respiratory tracts either partially or
totally, causing the risk of suffocation". The Caritas
Europe expert Peter Verhaeghe recalls in this connection
"the sad fate of the young Semira Adamu, who suffocated
to death during her expulsion by the Belgian
authorities".
Communications in an
unfamiliar language. Verhaeghe also approves
the recommendation of the Council of Europe that "the
person who receives an expulsion order be informed of
the matter in a language he/she is able to understand".
According to Verhaeghe, this provision is "more
favourable that what is provided in an EU draft
directive prescribing that information be provided in a
language which can be 'reasonably supposed to be known
by the person' in question".
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