Helps frontex in illegal pushbacks?

Helps Frontex in illegal pushbacks?

Screenshot from the frontex video

Air monitoring of the eu border agency has been able to trigger international rejections. Corresponding missions were carried out at the axle borders in front of libya and bosnia-herzegovina

For two years, frontex’s frontex frontex has been offering the eu member states to overwake their panels with an airplane aircraft. The flights of this "multipurpose aerial surveillance" (mas) are part of the greural monitoring system eurosur, with the frontex all the axes of the european union and the so-called "border" observed. To eurosur obedient so-called "fusion services", including satellite clarification and drone bottle.

Frontex has installed the manned air converter service in the summer of 2017. The agency did not procure its own aircraft for this purpose, but commissioned a charter company. In the context of this operator contract, a two-engine aircraft of the type flew last one year ago "diamond da-42" with the international call sign "g-dmng". The video data recorded by the aircraft will be transferred to real time in the frontex headquarters in warsaw. Also some national eurosur contact points, including spain, portugal and italy, can receive these live images.

Pull backs in libya

The enrollment from the air should help to get irregular immigration and breeze crimetat. This is also the fisheries monitoring. Schengen-associated countries such as switzerland or norway and other eu agencies can request the services. Frontex continues to provide information on an agreement to the eu fisheries agency. As the first member state, italy has ordered mas flights two years ago. Patrol over the central mediterranean has since been made of lampedusa in sicily. According to frontex, in the last year 4.924 migrants discovered and reported the status.

For the grave monitoring, frontex offers boats in seenot. Then the agency informs a rescue center that coordinates the salvage. For the lakeside in the sadden part of the central mediterranean, the libyan kustenwache has been steady for two years. Human rights organizations introduce frontex that the disclosure of information on libya leads to marketing refunds (the so-called push-back). People can not be brought into states in which torture or other serious human rights violations threaten. Most recently, the united nations fleet high commissioner had at 6. September renews his comment, according to which libya is not a secure harbor and no enclosed there are out.

Although frontex does not bring the air discovered from the air in seenot not himself back to libya, but overlooks this the local kustenwache. But this is a aid and thus so-called "pull back", the according to volkerrecheglern as well banned. Because with the monitoring of the air frontex or the eu militarism eunavformed in the mediterranean surveyed "to know", without the libyan kustenwache could not occur in action. The european union and its member states therefore have to wait for the actions of the libyan kustenwache.

"Follow-up" to mas-flights

Frontex has expanded its air converter a year ago. The new fields of application now include lander of the western balkan, the aganese sea, the black sea and the atlantic ocean. Most flights are made with manned systems, only in portugal frontex does the mas with a drone.

A monitoring of land boundaries took place for the first time with croatia. In cooperation with the local ministry of the interior, frontex has since 18. July 2018 observed the eu-ingrenze with bosnia-herzegovina. The flights started from zadar airport. Croatia has posted connection officers to warsaw, together with the experts of the "european surveillance teams" for frontex, after evaluation of real-time videos "follow-up" initiated.

According to the frontex annual report for 2018, the mas flights have found 635 irregular migrants over the entire last year, which obviously wanted to cross the bosnian croatian border. Mostly small groups were spotted than "coarse single detection" frontex calls an incident with 89 people. The croatians are "incommon on the project" the migrants have been informed. Achieving one "operational response on site" he follows.

Push backs in croatia

Frontex praises real-time monitoring with the mas-flugen as "high added value" and writes, in 2018, more than 1800 flight hours had been carried out. These had contributed not only to the detection of irregular migration in croatia, but also prosecuted law enforcement losses.

In this way, the eu border agency has contributed to illegal deportations by the croatian border police, which have reported several times the enameled and aid organizations several times. Without applying for asylum asylum, migrants will be returned from the croatian police with violence on the border to bosnia-herzegovina.

In december 2018, the ard had published pictures of one of these push-backs. Croatian police had in this case 368 people under the use of beating socks, pepper spray and dogs to bosnia. Regularly represents the project "border violence monitoring" further evidence for such illegal refunds on the internet. Frontex also receive reports of officials of his missions repeatedly reports about potential violations of human rights. A few of these "serious incidents reports" also contain forfalls at the croatian eu-ingrenze. They are examined by the fundamental rights officer of the agency.

How can frontex be followed in court?

If the frontex services have actually been drawn the illegal deportations, it is difficult to account for the agency for this purpose. In the case of unbertex operations in which a state of service has the management, staff and equipment come to coarse parts from other eu member states. The current frontex regulation determines that in these cases the sending eu member states should carry out disciplinary decreases from their police officers.

However, the mas flights are not a common action with posted officials. It is instead of commissioned by the agency in warsaw at a charter company commissioned. For this purpose, frontex is also responsible for civil and criminal laws for the clarification committed there.

Frontex officials as eu officials but diplomatic privileges and immunitats. So it is regulated in a seat agreement, which the agency has closed with the government in poland. All frontex-relieved are therefore exempted from the actions made in official property in large parts of national jurisdiction.

Convention on human rights without eu

The human rights court in strabburg, in which affected complaints can present due to human rights violations, does not help. The european union has not become a member of the council of europe despite request in the lisbon treaty and is therefore not subject to the jurisdiction of the european convention on human rights. This also applies to your agencies.

Although frontex can be sued for their actions in front of the european court of justice in luxembourg, which preserves legal protection against action that is attributable to an eu agency. Those affected individuals can only contribute there to national court proceedings. So remains the unlikely possibility that the croatian judiciary proceeds against frontex. But it first had to investigate investigations because of the push-backs against their own border keys.