theguardian.com

Croatia violating EU law by sending asylum seekers back to Bosnia

Lorenzo Tondo
5-6 minutes
Hidden cameras capture apparent expulsions by Croatian border police in forest
Croatian police are returning groups of asylum seekers across the EU’s external 
border with Bosnia, a video obtained by the Guardian suggests, in an apparent 
breach of EU law.
Footage shared by the watchdog organisation Border Violence Monitoring (BVM) 
shows a number of alleged collective expulsions or “pushbacks” of migrants in a 
forest near Lohovo, in Bosnian territory.
The videos, filmed on hidden cameras between 29 September and 10 October, 
capture 54 incidents of people being pushed back in groups from Croatia into 
Bosnia with 368 people in total returned, according to the footage.
Bosnia-Herzegovina’s security minister, Dragan Mektić, told the news channel N1 
the behaviour of the Croatian police was “a disgrace for an EU country”.
The footage, received by BVM from informants who prefer to remain anonymous, 
shows people lining up and walking through the forest, escorted by Croatian 
officers.
Every night, people from Syria, Iraq, Afghanistan and Pakistan try to cross 
into Croatia from Bosnia. The majority of them arrive in Bosnia through Turkey, 
hoping to reach Slovenia, a member of Europe’s passport-free Schengen area.
BVM said collective expulsions violated the Geneva convention on refugees, the 
EU charter of fundamental rights and article 14 of the universal declaration of 
human rights.
“Although Croatia has signed a re-admission agreement with Bosnia, expulsions 
over the green border [the area in the woods where there are no official 
crossing points] do not follow any formal return procedures, so they cannot be 
justified by the agreement,” BVM said.
“It may be legal to return refugees to Bosnia in the event that they do not 
lodge an asylum application, but these deportations must take place at official 
border crossings and in the presence of Bosnian border guards, which is not the 
case.”
The Croatian ministry of the interior denied any wrongdoing. It said officers 
were not expelling migrants but legally “deterring them from illegally entering 
Croatia” under article 13 of the Schengen border code.
András Léderer, the information and advocacy officer for the human rights group 
the Hungarian Helsinki Committee, said returning people across the green border 
without due procedure was “definitely not in accordance with the Schengen 
acquis”.
“These practices breach the prohibition of collective expulsion, enshrined in 
article 4 of protocol 4 of the European convention on human rights, and might 
even pose security risks to the EU,” Léderer said. “If the migrants entered 
Croatia before the videos were taken, then in the case of each migrant an 
individual decision should have been made by the Croatian authorities against 
which an effective remedy must have been available to the migrant.”
In November, a Guardian investigation documented cases of physical abuse of 
asylum seekers by Croatian police. Of 50 people, mostly from Pakistan, to whom 
the Guardian spoke, 35 said they had been attacked by Croatian police then 
returned over the border to Bosnia.
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