CoE criticises Croatia: Police did not cooperate, allegations of migrant abuse confirmed

(Patria) - The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), operating within the Council of Europe, on Friday published a report on its ad hoc visit to Croatia, carried out between 10 and 14 August 2020.

This report was made public in accordance with Rule 39 of the CPT's Rules of Procedure, following written statements made by a senior Croatian official relating to the content of the report, which were made available to the public. The Committee considers such statements to be a misrepresentation of the content of the report, the professional integrity and modus operandi of the members of the CPT delegation. The Committee decided to publish the report on its visit in its entirety, the Council of Europe reported.

The CPT calls on the authorities of the Republic of Croatia to take decisive action to stop the ill-treatment of migrants by police officers, and to ensure that cases of alleged ill-treatment are investigated effectively.

The Committee conducted a rapid reactive visit to the Republic of Croatia from 10 to 14 August 2020, specifically in the area on the border with Bosnia and Herzegovina (BiH), to examine the treatment by the Croatian police and the legal safeguards available to migrants deprived of their liberty. The CPT delegation also examined in detail the procedures for dealing with migrants in the context of their expulsion from the Republic of Croatia, as well as the effectiveness of oversight and accountability mechanisms in cases of alleged abuse of police powers during such operations. A visit was also made to the Ježevo Reception Centre for Foreigners.

The report emphasises that, for the first time since the CPT began visiting the Republic of Croatia in 1998, the Committee faced difficulties in cooperation. The CPT delegation was provided with incomplete information about places where migrants were deprived of their liberty and faced obstructions from police officers in accessing documentation necessary for the delegation to carry out the Committee's mandate.

In addition to visits to police stations in Croatia, the CPT delegation also conducted numerous interviews along the entire length of the Croatian border in the Una-Sana Canton of BiH, where it received numerous credible and consistent allegations of physical ill-treatment of migrants by Croatian police officers (particularly members of the intervention police). The alleged ill-treatment consisted of slaps, kicks, blows with batons and other hard objects (e.g., rifle butts/barrels, wooden sticks or tree branches) to various parts of the body. According to testimonies, the alleged ill-treatment was inflicted either at the moment of migrants being “apprehended” and de facto deprived of liberty within Croatian territory (ranging from a few to fifty kilometres or more from the border) and/or at the moment of their pushback across the border with BiH.

In a significant number of cases, interviewed persons showed recent injuries on their bodies which forensic doctors on the delegation assessed as consistent with their allegations of ill-treatment by Croatian police officers (e.g., a link was made to characteristic “tramline” haematomas on the back of the body, which is highly consistent with allegations of blows from a baton or stick).

The report also documents several statements from migrants subjected to other forms of serious ill-treatment by Croatian police officers, such as forcing migrants to walk barefoot through the forest to the border and throwing migrants, with their hands still tied, into the Korana River which separates the Republic of Croatia from BiH. Some migrants also alleged that they were pushed back into BiH wearing only their underwear and, in some cases, even naked. A number of persons also stated that after being arrested and while lying face down, some Croatian police officers fired shots from their weapons into the ground near them.

Acknowledging the significant challenges faced by the Croatian authorities in dealing with the large number of migrants entering the country, the CPT emphasises the need for a coordinated European approach. However, despite these challenges, the Republic of Croatia must fulfil its obligations to protect human rights and treat migrants entering the country across the border in a humane and dignified manner.

The findings of the CPT delegation also clearly show that effective accountability mechanisms have not been established to identify the perpetrators of alleged ill-treatment. There are no specific guidelines from the Croatian Police Directorate on documenting migrant pushback operations and there is no independent police complaints body to conduct effective investigations into such alleged conduct.

Regarding the establishment of an “independent border monitoring mechanism” by the Croatian authorities, the CPT sets out its minimum criteria for such a mechanism to be effective and independent.

Nevertheless, the CPT concludes by expressing its desire to continue a constructive dialogue and firm cooperation with the Croatian authorities, based on a clear acceptance, including at the highest political levels, of the seriousness of the practice of ill-treatment of migrants by Croatian police officers and a commitment to the task of ending such forms of ill-treatment.