Warsaw, 21/08/2020 E FRONTEX EUROPE.AH IOROER AND COAST GUARD AGUtCY Serious incident report no. 10437/2019 Report date and ti~t (UJ'~);                 2019-10-24 21:24 [tt~t:tlng i,erson Last modtfkatton (Ulte Jit\Cttlrnt:tt!PG)   2020-02-04 05:44 Last rno<ttft~tt~id()J;le;JW' SIR Status                                  Ongoing 4 - Situations of alleged violations of Fundamental Rights or international protection obligations Type of SIR                                 1 Initial SIR Suspected serious violation of multiple Fundamental Rights with S!.lbject                                   harmful consequences during Return operation R0-01202 Joint Qperation JOiv-1ot.1:dAAtnurnber ,-011atn1htbotce·,~thforri'IJtlcm              FReM from FRONTEX Pool engaged by OMS !ff'QJ'lt~ SJR Coordinatdr ►nf~~ rdollt'Ce$ t,rv6lvRd;                    No r.f,t•'iV>ldent I'      .'111! •• ·,.., ~ ..A.__. tutf'J. . - -~"'      2019-10-21 10:00 ~                     •· .. ·· !)eJect~t tl;JJ(;) .. 2019-10-22 10:00 ,Location of the fht1~ 1--- lLatl".ude                                     0. 0000000000 ~- " i'4'1ng~de                                     0.0000000000 R~ference to the operatf!\li!~l ~re~         No Type of r~c;es I inv<>tvemerit Dead p~rsons Injured i:,ersons Missing ·persons Details Foreigners Dpt. of Hamburg (ABHH) arrested the day before commencing the operation (Oct. 21 st) 11 individuals plus in the t!t'lformatfon/Allegatkm$. !i-             .                        ·... , morning of the JRO (Oct. 22nd) an unknown number of individuals inside Hamburg territory, all on no notice. The FReM

Documents Serious incident document No. Title                       SIR Preparation Name                       SIR Preparation.pdf Date                       2019-10-24 Serious incident document 2 182010_0100_20200106_Statement_SIR891 R Name                      182010_0100_20200106_Statement_SIR891 R. pdf Date                      2020-02-04 Serious incident document 3 t1tt·-·- !     e                     FRO questions Name                      FRO questions.pdf 2020-02-04 Serious incident document No.                       4 r:,Jtle                     182010_0100_20200106_Statement_SIR891 R 182010_0100_20200106_Statement_SIR891 R.pdf 2020-02-04

witnessed the arrival of an unknown number of arrested persons out of whom 26 Returnees have been presented to the German Federal Police (BPol) at Hamburg airport. The limit from Ghanaian authorities is set to 25 on each flight. However, ABHH pressed BPol to accept 26 but failed. 3 Returnees already checked in were sent outside again due to sudden discovery of a different situation (ticket already booked by ABHH for next week, successful urgent court appeal of pending case, plane full). FReM investigated the reasons behind the current situation in dialog with staff from ABHH, BPol, Diakonie (airport monitor): The Medical Doctor provided missing prescribed drugs out of his stock and triggered an emergency delivery of insulin from a pharmacy. The Medical Doctor worked Measures hard to obtain information from the family doctors of the disabled and sick Returnees since 3 medical cases have been envisaged only but 8 presented in reality. The German Embassy to Ghana in Accra was briefed on the situation upon arrival by the EL and one copy of the passenger manifest was handed over to the Embassy in order to assist the Returnees and their families in Germany in retrieving their belongings and property. One Returnee without any cash was provided with 50 € from BPol in order to survive after arrival. Result: Challenging situation mentally and organizationally for the entire personnel from BPol, Admin, airport employees, Escorts, FReM, Paramedic and Medical Doctor subsequently Assessment On 28/11/19 FRO asked 3 questions to the Bundespolizeiprasidium. Please see attachments with questions and answers named 182010_0100_20200106_Statement_SIR891 R.

Serious Incident Report                               I Serial Number: Subject                             Susoectec:N 1           :onsequences, SIR Categorie 4 - - - -- - - -- - --               - J()lnt Operation                    RO-01202 JRO by Air to Ghana, OMS Germany (HAM-ACC) Location                            State of Hamburg (Freie und Hansestadt Hamburg) Incident date/ time                 21 st and 22 nd of October 2019, different times (multip le incidents) Finding date/ time                  22 nd and 2310 of October 2019 Reporting·unit/person                FReM from FRONTEX Pool engaged by OMS/ 1. Facts of the case Foreigners Dpt. of Hamburg (ABHH) arrested the day before commencing the operation (Oct. 21 st ) 11 individuals plus in the morning of the JRO (Oct. 22 nd ) an unknown number of individuals inside Hamburg territory, all on no notice. The FReM witnessed the arrival of an unknown number of arrested persons out of whom 26 Returnees have been presented to the German Federal Police (BPol) at Hamburg airport.                                                                     However, ABHH pressed BPol to accept 26 but failed. and BPol. 3 Returnees already checked in were sent outside again due to sudden discovery of a different situation (ticket already booked by ABHH for next week, successful urgent court appeal of pending case, plane full). 2. Measures FReM investigated the reasons behind the current situation in dialog with staff from ABHH, BPol, Diakon ie (airport monitor): No jail space for females in Hamburg available. Hence, hasty arrests on the day before and in the morning by ABHH . All participants contributed high effort around the ABHH staff to stem the (quote!) "unprecedented chaotic situation" and to minimize the delay to 1,5 hrs. only. The Medical Doctor provided missing prescribed drugs out of his stock and triggered an emergency delivery of insulin from a pharmacy. The German Embassy to Ghana in Accra was briefed on the situation upon arrival by the EL and one copy of the passenger manifest was handed over to the Embassy in order to assist the Returnees and their families in Germany in retrieving their belongings and property. One Returnee without any cash was provided with 50 € from BPol in order to survive after arrival. 3. Assessment Result: Challenging situation mentally and organizationally for the entire personnel from BPol, Admin, airport employees, Escorts, FReM, Paramedic and Medical Doctor subsequently almost everyone mentioning to the FReM her/his dissent and (quote!) "shame and anger" about the level of preparation, conduct and resulting situation for many of the individuals subject to that operation. SIR FReM FRONTEX Pool            JRO by Air to Ghana, OMS Germany                  2019-10-24, Page 1 / 2

Serious Incident Report                               ISerial Number: Subject                            Suspected b nsequences, ::>IK Lategone 4 Joint Operation                    RO-01202 JRO by Air to Ghana, OMS Germany (HAM-ACC) Location                           State of Hamburg (Freie und Hansestadt Hamburg) Incident date/time                 21st or 22 nd of October 2019 Finding date/ time                 22 nd of October 2019, 19:40 MEST Reporting unit/person              FReM from FRONTEX Pool engaged by OMS/ 1. Facts of the case Foreigners Dpt. of Hamburg (ABHH) arrested the day before commencing the operation (Oct. 21 st) 11 individuals plus in the morning of the JRO (Oct. 22 nd) an unknown number of individuals inside Hamburg territory, all on no notice, In the course of an informal brainstorming about the JRO between BTL, EL and FReM whilst waiting along the immigration process of the Returnees pieces of information gathered into a clearer picture: 2. Measures FReM-Report and SIR. 3. Assessment Monitor from FRONTEX Pool for OMS Germany at RO -01202

Serious Incident Report                                   j Serial Number: Subject                            Suspected1 1 ·-             ,sequences, ::>I K categone 4 - -- -- - - -- - -              -- Joint Operation                     RO-01202 JRO by Air to Ghana, OMS Germany (HAM-ACC) Location                           State of Hamburg (Freie und Hansestadt Hamburg) Incident date/time                  21 st or 22 nd of October 2019 Finding date/time                   22 nd of October 2019, 19:40 MEST Reporting unlt/pE!rson              FReM from FRONTEX Pool engaged by OMS/ 1. Facts of the case Foreigners Dpt. of Hamburg (ABHH) arrested the day before commencing the operation (Oct. 21 st ) 11 individuals plus, in the morning of the JRO (Oct. 22 nd ) an unknown number of individuals inside Hamburg territory, all on no notice. In the course of informal brainstorming about the JRO shortly to subside between BTL, EL and FReM whilst waiting along the immigration process of the Returnees some foggy pictures cleared up into conceivable cases. and put her on the JRO where she arrived on crutches. Asked in the waiting area and midair by the Escorts about her future she explained to have no single relatives in Ghana but still a number of old female friend saved on her phone whom she is planning to call on arrival and then wait at the airport Accra until someone will arrive and pick her up once since she is not able to move. 2. Measures FReM-Report and SIR. 3. Assessment Monitor from FRONTEX Pool for OMS Germany at RO-01202

Serious Incident Report                             I Serial Number: Subject                           Suspected tonsequences, ::,1K Lategorie 4 Joint Operation                    RO-01202 JRO by Airto Ghana, OMS Germany (HAM-ACC) Location                           State of Hamburg (Freie und Hansestadt Hamburg) Incident date/time                 21' or 22n of October2019 Finding date/time                  23rd of October 2019, 15:20 MEST Reporting unit/person              FReM from FRONTEX Pool engaged by OMS/ 1. Facts of the case Foreigners Dpt. of Hamburg (ABHH) arrested the day before commencing the operation (Oct. 21 ' t ) 11 individuals plus in the morningoftheJRO (Oct. 22 nd ) an unknown number of individuals inside Hamburg territory, all on no notice. During the debriefing of the JRO midairthe return flight the BTL informed the rest of the participants that some of the escorts learned during midairchats with their assigned Returnee 2. Measures FReM-Reportand SIR. 3. Assessment Monitor from FRONTEX Pool for OMS Germany at RO-01202

Serious Incident Report                                Serial Number: Subject                               Suspected 1          1consequences, ~IK categorie 4 -Joint - -Operation - - - - -- - - -              RO -01202 JRO by Air to Ghana, OMS Germany (HAM-ACC) Location                              State of Hamburg (Freie und Hansestadt Hamburg) Incident date/time                    22n of October 2019 Finding date/time                     22 nd of October 2019, 21:30 MEST RePorting unit/person                 FReM from FRONTEX Pool engaged by OMS, 1.- Facts of the case , F~;ei~ners   D~t~ ~t 'H~~b·~·r~ (ABHH)                                           0 arrested the d~y ,before come;~~~-;~~ th~ ~~;ratj~~  (o~t'.'21 ii st) individuals plus, in the morning of the JRO (Oct. 22 nd ) an unknown number of individuals inside Hamburg territory, all on no notice. pieces of information gathered into a clearer picture. 2. MeaSllr~ FReM-Report and SIR. 3. Assessment

Serious Incident Report                              I Serial Number: Subject                               Incident with involvement of third country, SIR Category 2 Joint Operation                       RO-01202 JRO by Air to Ghana, OMS Germany (HAM-ACC) l.ocatlon                             State of Hamburg (Freie und Hansestadt Hamburg) Incident date/time                    22 nd of October 2019,19:17-20:SS hrs LT Accra finding date/time                     22 nd of October 2019 Reporting unit/person                 FReM from FRONTEX Pool engaged by OMS 1. Facts of the case Arrival phase, handover in Accra: The limit from Ghanaian authorities is set to 25 on each flight. For any reason the local authorities in Ghana explained to have expected 23 nationals only. The JRO arrived more than 2 hrs. later (delay in departure, see below). After short contact on the doorstep of the aircraft between EL,       [reporting tools and mechanisms] to Ghana an unprecedented bunch of 18 Ghanaian officials entered the aircraft and disseminated throughout the aircraft. The disembarkation process was slowed down by IR temperature scan of each Returnee's front head outside the plane plus recording the result and each name on individual red templates. The Escorts and EL+ BTL have been separated since the German leader of the operation was requested to accompany the Returnees to the old terminal in order to conduct the handover procedure there. EL, BTL, FReM, FLO and BLO were requested to wait for 1.5 hrs. alongside the Returnees during their immigration process. The Returnees were requested to fill in immigration cards. After Returnees' end of immigration EL, BTL and FReM passed the old immigration counter but their official passports of the German government have been kept by immigration. The explanation was absence of the visa rubber stamp. The EL accompanied the immigration officer (10) in charge to the new terminal where upstairs in the office a dispute between immigration officers and higher ranked officers was witnessed by the EL. The 10 on duty apparently refused to stamp the 3 German Official Passports for a significant period. 2. Measures FReM observed carefully, witnessed and documented thoroughly the developing situation in dialog with FLO, EL, BTL and BLO. The German Embassy to Ghana in Accra was briefed by EL on the situation upon arrival, handing over one copy of the passenger list to the Embassy in order to assist the Returnees and their families in Germany in retrieving their belongings and property (during preflight phase one Returnee without any cash was provided with SO€ from BPol in order to survive after arrival, 3. Assessment Different 10 in charge than usual. The request to the returning Ghanaian nationals to fill in immigration cards was perceived as an unusual move (Art. 13 (2) UN GENERAL ASSEMBLY RESOLUTION 217 A). FReM's assessment of the developing atmosphere during the flight: In correlation to the progress of spreading knowledge between all participants of the operation an increased number of expressions of awkwardness,

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