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.
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