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"content": "verein\n\nMenschenrechte\n\nÖsterreich\n\n \n\n \n\nMonitoring Report — National Return Operation\n\nMonitor: BE \\«stia\n\nNational Return Operation (NRO) to Afghanistan by Germany\n\nTE —— — —_— |\n\nNumber of 36 (all male)\nreturnees\n\n \n\n \n\n \n \n \n\n \n\n \n\n07.01.2019\n\nBE Afghanistan)\n\nGermany\n\n \n\n \n\n \n\n \n\n \n\n \n\nSummary:\n\nDealings of the police officers from Germany with the returnees were correct at any time of the\nprocess and - as much as possible — forthcoming.\n\nIt could be observed that police officers took a great deal of human interest in the returnees and\ntheir physical complaints, reporting their needs to medic or interpreter. Despite the number of\nreturnees, the procedure was very calm and professional, without any inappropriate remarks of\nthe escorts towards the returnees.\n\nClearly recognizable was the effort of the escort leader and his team to use coercive measures in\nappropriate account of the individual circumstances of each returnee, for example to use velcro\nstrips to restrain the hands of N. IE BEE DEE : EEE EEE\n\nBE > n\\v for the first part of the return operation and remove them at the terminal u\nshortly after take-off.\n\nThe use of physical force and/or restraints (velcro strips, body-cuffs, plastic tie wraps, helmet) was\nconsidered reasonable in intensity and duration, necessary in the circumstances and proportional\nto the assessed risk of harm. Only in case of N no reason could be recognized, why he was\nrestrained (hands and legs with 3-piece sets of plastic tie wraps,\n\n17 Returnees were not restrained at all after handed over to the federal police on the airport in\n\nThe Afghan authorities partly justified the rejection of with an agreement not to accept\nmental cases. Neither made the Implementation Plan aware of this restriction, nor was a mental\nillness of BR: ddressed during the terminal procedure. Since the returnee has not talked to\nanyone at the airport and the whole flight tu Here was no further indication, that he could\npotentially be a mental case.",
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"content": "Results:\n\n35 from 36 listed returnees were effectively returned to Afghanistan.\n\n \n \n \n \n\nStarting at the airport ri ne return operation could be monitored without restrictions\n\nunti not the return flight with returnecl on board. The well\n\norganised NRO to Afghanistan was carried out in a human manner and with full respect for human\ndignity and fundamental rights.\n\n \n\n \n\nRecommendations:\n\n \n\nAccording to Article 7.4 of the “Code of conduct for return operations and return interventions\ncoordinated or organised by Frontex” the OMS and Frontex must provide a list of authorised\nrestraints in the operational documents in advance of the RO or Rl.\n\nIt was highly welcomed that after the discussions the year before in 2019 an updated list of\nauthorised restraints was offered, including yes/no-options for leg cuffs, holding bands and Plastic\nTie wraps.\n\nUnfortunately, the document EN -Annex_!” as part of the Implementation Plan (IP) for this\nreturn operation to Afghanistan offered only the old version of “Authorised restraints”:\n\n \n\nTherefore, no means to restrict movement of legs were listed as authorised restraints in the\nImplementation Pla for The use of plastic ties was not listed as well. It is strongly\nadvised to use the latest IP-template.\n\nThe Implementation Plan with its annexe should provide precise information for the preparation\nand execution of a RO. The document EEE Annex_!” (Operational Overview) listed as\nremarks:\n\n“1, Returnees NOT allowed on board: Unaccompanied minors: not allowed”: if there is an\nagreement with Afghanistan not to return mental cases, it should be mentioned in the IP.\n“2, Interpreter available during the RO: NO”: in contrast, an interpreter was present\n\nAs long as a returnee is escorted by policemen in a chartered flight this flight should be monitored\nby a forced return monitor, even if only a single returnee is flown back to the starting point of his\nforced return.\n\n \n\nPreparation: |\n\nOn EEE “Verein Menschenrechte Österreich“ as national monitoring body was informed by\nthe ABT team, that Frontex has selected Bi: forced return monitor for the NRO to Afghanistan\norganized by Germany on 07.01.2018 according to the offer made ee\n\nOn the same day (European Centre for Returns, Operational Response Division) informed\nabout the flight schedule and contact persons in Germany. Afterwards the arrangements for the\narrival and departure were discussed in direct contact between Federal Police/EL and Monitor.",
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"content": "Flight and hotel bookings were made by OMS Germany.\n\nThe Implementation Plan with Annex | (Operational Overview, old version) and Annex Il (Contact\nList) was made available: Unaccompanied minors were not allowed on board. Authorised\nrestraints were hand cuffs (steel, velcro, plastic, textile), body cuffs, helmet and spit mask as head\n\nprotection.\n\nA list of returnees was provided to the monitor on 08.01.2019.\n\nParticipants:\n\n \n\nOther participants in the flights than escorts and returnees were:\n\nWilRreıic\nBE terpreter\n\nExtent of the monitoring process (MEZ):\n\n \n\n \n\n07.01.2019\n\nMeeting at the police station on the airpor\n\nBriefing\n\n \n \n \n \n \n \n\nArrival of the returnees and take-over of returnee’s personal belongings\n\n \n\nTransport to the aircraft and boarding\nDeparture tl \\shanistan\n08.01.2018\n\nArrival nor and then hand-over of returnees\n\nDeparture tb existan\nArrival ra: e«istan\nDeparture to WE:\nArrival in: orei:\n09.01.2018\n\nDeparture to\nArrival ET\n\nPre-Return Phase:\n\n \n\n \n\n \n\n \n\n \n\n \n\n——\n\n \n\nPre-Departure Phase:\n\nAll Returnees were transferred to the airpor by local authorities and handed over to\nofficials of the Federal Police.\n\nWE was transferred without restrains to the airport. It was reported that he is not willing to go\nback to Afghanistan, but he is calm. At the airport he started crying and asking the escorts why\n\nthey were sending him to Afghanistan. He has problems in his home country. The responsible |",
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"content": "escorts took him to a separate room where they started a body search, later they decide to\nrestrain his hands with Velcro strips\n\nBEE as transferred directly from prison without handcuffs, the handcuffs were removed on the\nway to the Airport. He was calm and cooperative.\n\nWE arrived at the airport without restrains. He was calm and cooperative. He was asking the\nescort to inform his employer that he will not come to work. The responsible escort promised to\ncall. During the waiting time the escort called the employer and icould also talk with his\nemployer himself.\n\nKi was transferred to the airport handcuffed (steel). The restrains were removed immediately\nafter arriving at the terminal. It was reported that he has not been cooperative all the way to the\nairport. The returnee was yelling that he will not go back to Afghanistan. During the handover\nprocedure to the responsible escorts the returnee started yelling louder, was using physical force\nto push the police officers. He dropped to the floor and lay on his back, trying to prevent the\npolicemen to from returning him to an upright position. 7 officers were using physical force to turn\nhim around and hold the returnee down to the ground in order to restrain him with body-cuffs\nae] After that, the escorts restrained his legs with a 4-piece set of plastic tie wraps 00 Ei\nlater they put a helmet on to protect his he\n\nWE arrived without restrains at the airport. He was calm and cooperative.\nWE arrived without restrains at the airport. He was calm and cooperative.\n\nEEE was transferred directly from prison, the handcuffs were removed on the way to the\nairport. He was calm and cooperative at all time.\n\nBEE as brought to the airport handcuffed (steel) and ankle shackles (steel). It was reported\nthat he was not cooperative at all. He has yelled all the way to the airport. His wife and 2-year-old\nchild are living in Germany, so the returnee refused to cooperate with the police. The responsible\nescorts took him by his arms to escort him to a separate room for the body search\nrefused to go along and tried to wriggle out of the policemen’s grip. The escorts asked him to\ncooperate and tightened the grip to escort the restrained returnee to the body search. After the\nbody search the restrains were exchanged with a body cuff and a 3-piece set of plastic tie wraps\n\nfor his |\n\na was transferred directly from prison, the handcuffs were removed on the way to the\nairport. He was calm and cooperative.\n\nka] arrived at the airport without restrains. He was calm and cooperative.\nEEE : rived at the airport without restrains. He was calm.\n\n2 arrived at the airport without restrains. Information was, that during the transfer he was not\ncooperative and used very aggressive language to the police officers. The responsible escorts took\nhim to a separate room where they started a body search. Due to his previous behaviour the\nescorts decided to restrain his hands with Velcro Be |\n\nWE was transferred directly from prison to the airport without restraints. He was complaining\nwhy the German Law decided to return him to Afghanistan when his family (wife with his children)\nis living in Germany. He was calm. He was in prison in the past 4 years. The responsible escorts\nexplained to him that this is not their decision, they took him to the separate room where they\nstarted a body search. Afterwards the escorts restrained his hands with Velcro strios",
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"content": "BE arrived at the airport without restrains. He asked why he was going to be returned to\nAfghanistan, because his whole family (parents and his siblings) are living in Germany. He was calm\nand cooperative.\n\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nEEE was brought to the airport in hand-cuffs (steel) fixed to a belt. The restrains were removed at\nthe terminal. He was calm.\n\nBEE was brought to the airport handcuffed (steel). It was reported that he is not willing to go\nback to Afghanistan. He was not cooperative on the way to the airport. The restrains were\nremoved at the terminal. The responsible escorts took him to the separate room for a body\nsearch, afterwards the escorts restrained him with body-cuffs and the legs with a 4-piece set of\n\nplastic tie war\n\nBEEEEEN\\as brought to the airport handcuffed (steel). The restrains were removed after arriving at\nthe terminal. He was calm.\n\nBE arrived at the airport without the restrains. He was calm.\n\nBE was brought to the airport handcuffed (steel). It was reported that he refused to cooperate\nwith the police officers and had a fight with them. During his transfer to the airport he tried\neverything to stop his forced return to Afghanistan. As he tried to hurt himself on the head or to\nbeat around the whole way, he was positioned between two policemen, who prevented him from\nany self-harm. The responsible escorts took him with the restrains to the separate room where the\nstart the body search. Afterwards the hand-cuffs were replaced by body-cuffs and a 3-piece set of\n\nplastic tie wraps for his |\n\nBEE was transferred directly from prison to the airport in hand-cuffs and ankle shackles (steel).\nThe restrains were removed at the terminal. He was calm.\n\nBEE arrived at the airport without restrains. He was calm. After the body search the escorts\nrestrained his hands and legs with 3-piece sets of plastic tie wraps\n\nBEE was transferred to the airport handcuffed (steel). It was reported he was fighting all the way\nto the airport, he was trying to hurt himself. The returnee was not cooperative. He started yelling\nthat he cannot go to Afghanistan without his new born baby and his wife. The responsible escorts\ntook him to the separate room for a body search. During the body search he was yelling louder,\nstarted crying and complaining that no one can understand him, he cannot go back to Afghanistan.\nThe escorts restrained him with body-cuffs and a 3-piece set of plastic tie wraps for his legs\n\nBE was brought directly from a prison without restrains to the airport. He was calm and\ncooperative.\n\nBe was brought without restrains to the airport. He was calm.\n\nBEE was brought handcuffed (steel) to the airport. The restrains were removed at the terminal.\nHe was calm.\n\nEEE was brought directiy from a prison to the airport without restrains. He was calm.\n\nEEE as transferred to the airport directly from the prison without restrains. He was\ncomplaining about his forced return to Afghanistan as his family (wife and his children) are still\nliving in Germany. He was calm and cooperative.\n\nBEE was living in Germany for 8 years, 4 of them in prison. He was brought handcuffed directly",
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"content": "from prison to the airport. The handcuffs were removed at the terminal immediately. The\nresponsible escorts took him to a separate room for a body search. Escorts informed that during\nthe body search the returnee tried to run away and was not cooperative at all. The Returnee\nrefused to talk with the responsible escorts. The escorts decided to restrain him with body-cuffs\nand a 3-piece set of plastic tie wraps for his less\n\n \n\nEEE arrived at the airport without any restrains. He was calm.\n\nEEE a5 brought handcuffed (steel) to the airport. The restraints were removed at the\n\nterminal. He was calm.\n\nEEE as transferred direct!y from the prison to the airport. It was reported that he is\nschizophrenic. It was reported, that during the transfer calm and restless phases have alternated.\nThe escorts took him to a separated room where they started the body search, afterwards they\nrestrained his hands with Velcro strip\n\nWE arrived at the airport without restrains. He was telling that he is not from Afghanistan but\nfrom Pakistan. He refused to cooperate with the escorts. The escorts took him with physical force\nto the separated room for a body search. He was yelling not to be an Afghan, but a Pakistani.\nAfterwards the escorts restrained him with body-cuffs and a 3-piece set of plastic tie wraps for his\n\nBEE was brought handcuffed (steel) to the airport. The restrains were removed at the terminal.\nHe was calm.\n\nWH arrived at the airport without restrains. He was calm but during the body search he tried to\nbite an escort. He was yelling that he is going to kill himself. After the body search the escorts\nrestrained him with body-cuffs and a 3-piece set of plastic tie wraps for his leg. A helmet was put\n\non to protect his head\n\nEEE a5 transferred handcuffed (steel) to the airport. He was calm. It was reported that he had\ntried to commit suicide. The escorts took him to a separate room for a body search. Afterwards\nthe escorts restrained him with body-cuffs and a 3-piece set of plastic tie wraps for his legs\n\nBEE was brought handcuffed (steel) to the airport. The restrains were removed at the terminal.\nHe was calm.\n\n \n\nInformation on the state of health of the returnees relevant for the return procedure were\nannounced to the doctor of OMS Germany by the Aliens Authority.\n\nA security check was conducted directly after the arrival of each returnee. Afterwards the\nreturnees could wait for the departure in the waiting area. Two interpreters and a medic were\npresent until boarding. On request of returnees’ medicine for headache and sickness were\nprescribed.\n\nBaggage, which was transported in the hold of the aircraft, was properly labelled with the names\nof returnees, Returnees’ personal belongings and valuables were kept by the respective escorts,\nstored in a transparent plastic bag and marked with the name of the returnee. The returnees were\ninformed that personal items and luggage will be handed back after landing ir\n\nThe returnees were properly clothed, all returnees were fit to fly.\n\nWhile waiting at the terminal the returnees were adequately supplied with food and drinks. There\nwas a possibility for everyone to visit the toilet. The waiting area is located in EG",
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"content": "therefore in a non-smoking area. But no complaints were noticed by the monitor.\n\nBEER as calm during the waiting time and the escorts replaced the velcro strips with a 3-piece set\nof plastic tie wrap N 3ecause of his well behaviour the escorts removed the restrains at all\n\nDuring the waiting time the escorts replaced the velcro strips restraining the hands offggwith a\n\n3-piece set of plastic tie wrars\n\nEverything was executed without any incidents or disturbance.\n\nThe returnees were driven to the aircraft in an airport bus, accompanied by German policemen.\nGerman policemen escorted the returnees individually the covered gangway upstairs to the plane\ndoor and further to the seat. Boarding was done without any problems.\n\nBEE was cam during the waiting time at the terminal. The escorts removed his hand restrains\nshortly after boarding because of his well behaviour at all |\n\nIn-Flight 2 RE |\n\nThere were no incidents during the flight. The catering provided by the airline was enough for\neveryone. Overall, an appropriate and friendly behaviour between escorts and returnees could be\nobserved. Medical staff was available on board of the flight. The atmosphere was, in regard to the\npurpose of the flight and the amount of people involved, very calm and professional.\n\nWilnas cam during the flight and the escorts removed at first his neime\n\nEEE was cam and cooperative during the waiting time at the terminal. The escorts removed\n\nhis hand restrains shortly after the take-off tc EEE\n\nBEE as cam during the flight and the escorts removed firstly the restraints on his |\nand later on his |\n\nReturneellwas calm and the escort removed his leg restrainc\n\nReturnee en was calm and cooperative during the flight and the escorts decided to remove\n\nthe restrains at Auen\n\nEEE as cam during the flight and the escorts removed his leg restrainc\n\nReturnee Mwas calm during the flight and the responsible escorts removed his leg restrains\n\nBE was calm during the flight time but refused to talk with the escorts and did not eat all the\n\nway th The escorts took the helmet off one hour before landing to\n\nI was calm during the whole flight and the escorts removed his restrains at 1\n\nne was calm during the flight, shortly before landing the escorts removed his hand restrains at all\n\nArrival Phas",
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"content": "all were calm during the flight and the restrains still in use were removed one by one shortly after\nlanding in\n\nAfter landing at airport, all personal items were handed over from the escorts to the\nreturnees who left the aircraft one by one without any incidents. A Afghan migration officer and a\nGerman military attach& led the returnees to the terminal.\n\nAfter 1,5 hour the Afghan Authorities drove returnecl back to the plane. He was not accepted\nas an Afghan citizen. In addition, attention was drawn to the state of health of the returnee as not\nso good. It was said, that he has mental problems. Due to agreed restrictions (unaccompanied\nminors, mental cases, ...) he will not be accepted by the local authorities.\n\nIhe emergency certificate (EC) forlllwas issued by the Consulate General of Islamic Republic\nof Afghanistan in. In the EC an untranslated comment in Dari language was added in red:\n“We ask the border police to note that his identity has not been confirmed.” This comment was\nobviousiy meant for the border police at the airport ro check the nationality off on\nthe spot.\n\nThe monitor, born in Afghanistan herself, gained the impression during the return operation that\nBEE is of Afghan origin. This was confirmed by the returnee on the flight frorr EN =:\nhe told her not to be from EN put from EEE, = province located in the\nnortheastern part of Afghanistan.\n\nIn-Flight 2: ee\n\nWE had to be taken back to Germany. The returnee was calm and not restrained. There were no\nincidents during the flight. The catering provided by the airline was enough for everyone. Overall,\nan appropriate and friendly behaviour between escorts and BEE could be observed. A medic and\nan interpreter were available on board of the flight.\n\n \n\nOn the flight 1 EEE the returnee - unlike the outbound flight - spoke to the monitor\non Pashto. He expressed the hope to be released after returning to Germany. He was asked not to\nexpect that, as part of the prison sentence is still open.\n\nArrival Phasc\n\nAfter landing inffthe Georgian Border Police did not allow the escorts to enter the country\nwith rejected returnee EM\n\n \n\nThe returnee with 3 escorts and the doctor had to stay on board until the aircraft to fly back\nto Germany - organized in the meantime by the EL and the Federal Police - was available BE]\nEL asked everyone else to leave the plane. The request of the monitor to accompany the flight\nfor vi: the Returnee was rejected by the EL, because the returnee was not\nrestrained, and it was not considered necessary. The interpreter also remained in | as the\nreturnee spoke German relatively well.\n\nThe flight from: not be monitored.\n\nLo",
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"content": "Debriefing and reporting:\n\nOn 09.01.2019 the Escort Leader informed about a call from the escorts, that they landed safely in\n\nBE: Was ariven airectiy to a hospital.\n\nBefore landing A Escort Leader thanked everyone for a well organised NRO.\nThere was no debriefing.\n\n \n\n13.01.2013",
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