A/HRC/44/42/Add.2 exhausting them and preventing them from attempting another crossing. A number of male migrants were reportedly stripped, beaten and forced to walk back to Bosnia and Herzegovina barefoot. The abusive actions by the border police of Croatia clearly violate the human rights of those individuals. In reality, the approach of pushing back migrants has not deterred people on the move from advancing towards European Union countries. Instead, it seems to have led to a flourishing network of smugglers and organized criminal activities. 65. The Special Rapporteur had an opportunity to address his concerns with the Ambassador of Croatia to Bosnia and Herzegovina, in Sarajevo. Dialogue with the authorities of Croatia continued after the visit. The Special Rapporteur appreciates having received a written response from the competent authorities of Croatia in that regard. 66. In its response, it was mentioned that, in order to carry out its task to protect the integrity of the State border of Croatia, which is also the external border of the European Union, Croatia has deployed a large number of police officers to the border with Bosnia and Herzegovina. Croatia is of the view that actions taken by its border police towards migrants have been misrepresented. The Special Rapporteur was informed that those migrants who had crossed the border into Croatia were “issued with a decision on return in an administrative procedure pursuant to the Aliens Act”. It was also mentioned in the response that: “all reports of alleged use of means of coercion by Croatian police were looked into, but none of the reports provided sufficient information that would require a criminal investigation. In addition, in none of the reported cases [to date] was it determined that police officers had indeed used means of coercion against migrants. It was not confirmed in any of the cases that police officers committed the criminal office of theft at the expense of third-country nationals.” 67. The Special Rapporteur also learned from the reply that the Ministry of the Interior of Croatia had a policy of zero tolerance against the unlawful use of means of coercion by its police forces. The Ministry holds regular human rights training for border police officers. Additional training courses, including ones on relevant European Union law and fundamental rights, were provided to police officers working on border surveillance. In that regard, the Special Rapporteur suggests that training materials for such courses should include the recommended principles and guidelines on human rights at international borders 11 prepared by the Office of the United Nations High Commissioner for Human Rights. 68. The Special Rapporteur calls upon Croatia to adhere fully to its human rights obligations, including the principle of non-refoulement, through the prevention of the pushback of migrants in its operations at its borders. He looks forward to receiving updated information on the developments on the ground, in particular information on positive improvements in that regard. IX. Conclusions and recommendations A. Recommendations to the authorities of Bosnia and Herzegovina 69. The Special Rapporteur welcomes the openness demonstrated by Bosnia and Herzegovina in cooperating with the international community and civil society in the area of migration governance. United Nations agencies and civil society organizations are providing substantial contributions to the protection and promotion of the human rights of migrants during the present influx of migrants. The competent authorities of Bosnia and Herzegovina are encouraged to continue working closely with international and local partners, in particular those with strong human rights protection mandates. The Special Rapporteur notes with appreciation that immigration detention is used as a last resort in Bosnia and Herzegovina and that migrants are generally accommodated in open reception centres where they have access to basic services. The enrolment of school-age asylum-seeking children in the formal primary education system is a good practice. The Special Rapporteur encourages the authorities of Bosnia and Herzegovina to share their experience with their counterparts in other countries in that regard. Good 11 OHCHR, “Recommended principles and guidelines on human rights at international borders”. Available at www.ohchr.org/Documents/Issues/Migration/OHCHR_Recommended_Principles_ Guidelines.pdf. 13

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