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"content": "FORCED-RETURN MONITORING » Background Readeı\n\n. Positioning of the monitor\n\nWhenthereturnees are handed overtothelocal officialsinsidetthe means oftransportation,\nthe monitor should be seated in one ofthe front rows/close to the entrance, where s/he has\na good view and is within hearing range. Should the returnees disembark and be handed\nover tothe national authorities at an arrival building, the monitor should preferably accom-\npany the escorts and the returnees to the place where the returnees are handed over.\n\n. What to observe\nAt this stage the monitor shall observe whether:\n\n+ Remaining hand-cuffs, body-cuffs or other restraints have been removed immediate-\nIyafter arrival, if possible;\n\n+ All personal belongings, which were taken away for security reasons have been hand-\ned overtothereturnee(s) priorto disembarkation;\n\n+ The luggage of the returnee(s) is still in good condition and returned to the return-\nee(s) in an organised way; and\n\n* Thereturnee(s)ishanded over to the national authorities bytheELina calm and pro-\nfessional way, especially where they have caused difficulty for the escorts during the\nreturn operation or have complained to the national authorities about the treatment\nreceived during the return.\n\nIn case of an operation by air, if the aircraft is returning immediately after the handover and\nthe monitor remains on board, they should watch from a window seat, or if possible from a\nposition on the gangway, how and ifthe luggage was delivered to the returnees. Also, they\nshould observe how the returnees were treated by local policemen or border quards. Any\nincidents or mistreatment witnessed should be documented in the monitoring report. In\npreparing future return operations to this country of return, the authoritiesin the countries\nof departure could make use of this information to see how to safequard the correct treat-\nment of the returnees following arrival.\n\nStep 3. Stopover - if applicable\n\nItisrare that an overnight stay in the country of return is necessary, astthe OMS will try to\norganise areturn directly after arrival. However, ifa forced-return covers long distances, or,\nfor example, in cases of a return by air, an overnight stay might be required due to airport\nhours. Also, atechnical problem of the transport vehicle might make an overnight stay nec-\nessary. In these cases, different procedures apply in different countries. In very rare cases,\nreturnees are not accepted by national authorities in the country of return and have to be\npart of an overnight stay. The monitoring tasks related to this specific situation are not in-\ncluded in this Background Reader.\n\nPe 70",
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"content": "en. \"en.\n\n102\n\nFORCED-RETURN MONITORING » Background Reader\n\n3.7 Monitoring the return-flight phase\n\nDuring the return flight, returnees are normally not on board and the de-briefing ofthe oper-\nation usually takes place on board the means oftransportation. Should, however, unaccept-\ned returnees be on board, the monitor should stay close to these returnees throughout the\nwhole return operation and all duties of the monitor continue to apply as described in the\nin-flight and arrival phases above.\n\n1. Return to the country of 3. Handover of unaccepted\ndeparture (JRO: hub) returneesto the authorities\nbackin the country of departure\n(RO: hub) - if applicable\n\n \n\n2. Debriefing during the return\nleg (in case of unaccepted\nreturnees, debriefing with the\nmonitor may take place upon ar-\nrival in the country of departure)\n\nStep ı. Return to the country of departure\n+ Positioning of the monitor\n\nAs the number of refused returnees, if any, on a forced-return operation is normally low, the\nmonitor should remain close to those returnee(s) on the journey back.\n\n. What to observe\n+ See monitoring the in-flight and arrival phase - all relevant steps apply; and\n\n* Depending on national procedures, eitherthe same escortsremain responsible foran\nunsuccessfully returned individual, or a back-up team of escorts, if available, may be\nresponsible for the returnee on the flight back to the country of departure.\n\nStep 2. Debriefing during the return leg (in case of unaccepted returnees,\ndebriefing with the monitor may take place upon arrival in the country of\ndeparture)\n\nMonitors shall participate in the debriefings of the EL, escorts and other participants, as\napplicable. They shall note who was present, when and where the debriefing was held, and\nprovide a brief account of the main findings/observations to the EL, in particular when an\nincident is to be reported. The monitor shall inform the EL about any incidents that they\nwill mention in the report. Feedback from the EL, if any, shall be mentioned objectively\nin the monitoring report. The de-briefing is normally conducted during the return leg on\nboard ofthe means oftransportation. The de-briefing may also take place following arrival\nin the country of departure.",
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"content": "FORCED-RETURN MONITORING -» Background Readeı\n\nStep 3. Handover of unaccepted returnees to the authorities back in the\ncountry of departure (JRO: hub) - if applicable\n\nIn cases where handover of unaccepted returnees back in the country of departure occurs,\nthe monitor should observe this phase as described in detail in Step 2 of the arrival phase\n(handover to the authorities in the country of return) above.\n\n3.8 Collecting return operations (CROs)\n\nAs mentioned above, CROs include only a pre-departure phase and one or several in-flight\nphases. The handover of the returnees to the authorities of the country of return is al-\nready done during the pre-departure phase. Duringa CRO the debriefing takes place after\nthe arrivalinthe country ofreturn either atthe airport orin a designated area. In case of sev-\neral countries of return, there are several in-flight phases. The monitoring tasks as described\ninthe steps above in the pre-departure and in-flight phases are also applicable for CROs.\n\n3.9 Monitoring specific incidents\nIn relation to a specific incident, the following details should be taken note of;\n\n* Description of facts e.g. what happened during the incident (including location and\ntime);\n\n* Therole of each person in the incident,;\n\n* Whetherthe actions were proportional, necessary, and accountable and the basis for\nthat assessment;\n\n+ Whatfactorstriggered the incident;\n+ What could be done to address concerns; and\n+ What activities were performed well and by whom, e.g. escort, EL, returnee, etc.\n\nAccording to the Code of Conduct for Return Operations and Return Interventions coordi-\nnated or organised by Frontex, individuals participating in Frontex coordinated activities\nare required to report any incidents involving suspected or alleged violations of fundamen-\ntal rights or of the Frontex CoCs via the appropriate reporting channel, for example via the\nFrontex Serious Incident Reporting (SIR) system.“3 This system is usually used by escorts to\nreport any incident of a sensitive or public interest nature, including any fundamental rights\nviolations, as defined in the JRO Implementation Plan. Itis crucial to ensure reporting of inci-\ndents, because the evaluation of such reports helps Frontex to adapt future JROs.'*\n\n143 Frontex Guide for JROs, p. 12.\n144 Frontex Guide for JROs, p. 17.\n\nET",
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"content": "un nn N\n\nFORCED-RETURN MONITORING - Background Reader\n\n3.10 Monitoring the use of force and means of restraint\n\nThe monitor must take particularly careful notes each time force or means of restraint are\napplied on a returnee. This concerns both when means of restraint or force are applied for\nthe first time, or needs to be applied additionally during the operation, following a previous\nincident; oran additional means of restraints is applied following one already applied, or, the\nsame means of restraint is re-applied to the same returnee. Each and every time force or a\nmeans of restraint is used this should be documented.\n\nAny use offorce should be based on an individual risk assessment and should be re-evaluated\nbythe escortsthroughout the forced-return operation based on a dynamic risk assessment.\nThe monitor should observe this and should note when and what type ofrestraint was used\nand for how long. The monitor should also note information on the effects of the method\nused on the returnee.\n\nThis is important as the monitor will have to fill in a separate form for each instance in the\nmonitoring report (for more specific information please refer to Chapter 4 covering report-\ning). The monitor should request information, including details about the measures applied,\nfrom the escort at an appropriate time. The monitor should also take notes of any positive\nhandling of a situation, which might help to establish good practices.\n\nTo properly assess the legality of the use of force, it is necessary that the monitor is con-\nversant with the different types of restraint measures allowed by the national legal frame-\nwork's,. Monitors should ideally experience their practical application/implementation as\npart of their training in order to be knowledgeable on various techniques and their appli-\ncation. The monitor's role is to check the use of a given restraint, their impact, applied du-\nration, whether or not it is based on a risk-assessment or a situation arising in accordance\nwith, or in excess of, what is prescribed.\n\n3.11 Role of escorts, escort leaders, back-up team and Frontex\nrepresentative\n\nEscorts are the law enforcement officers/security personnel responsible for accompanying\nthird-country nationals being forcibly returned. Escorts execute a return decision taken by\nthe competent state authorities. Each (national) group of escorts has an EL in charge of\nmanaging the (respective national) group of escorts.'*The role of an escort isto ensure and\nenforce the return of the respective returnees in a safe and humane manner and according\nto the relevant national legal framework and where operations are coordinated by Frontex,\naccording to both Frontex CoCs.\n\nEscorts are usually provided bythe OMS and the PMS, but there is also the possibilitythat a\nMS request escorts from the Pool of Forced-Return Escorts, created bythe EBCG Regulation\nand approved by Frontex Management Board Decision, where a profile is defined.\n\n145 Priorto areturn operation, the respective National Country Factsheet ofthe requesting Member State shall\nbe consulted. This Factsheet contains information regarding the national return procedures, permitted means of\nrestraint, and relevant information on the national monitoring, as well as complaint mechanisms.\n\n146 Theallocation oftherole of ELs and the ratio of escorts per escort leader differs amongst Member States. For ex-\nample, it might be one EL per fivereturnees or one escort leader per group of escorts for a returnee/family, etc. During\na)RO, each national team (even though it might have more than one EL present) appoints one EL with the function of\na”contact point\" forthe head of operation.",
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"content": "kground Reader\n\nFORCED-RETURN MONITORING -» Bac\n\nThe back-up team is a group of escorts not assigned to a specific returnee/family, but act-\ning as support to the escorts of both OMS and PMSt(s) (i.e. assisting if necessary during vio-\nlent incidents, or during lavatory procedures, etc.). The employment of a back-up team and\ntheirnumber of escorts during NROs differs among Member States. In practicenumbers are\nconsidered based on various factors, such as the information from the risk assessment, the\nnumber ofreturnees on board, the travel time, and any other possible difficulties that might\nbe encountered. During a JRO, the OMS is responsible for providing an appropriate escort\nback-up team. The PMSs may also provide their own back-up team, if necessary.\n\nIt is important that escorts are respectful of the returnees at all times. It is their responsi-\nbility to apply necessary safety measures, when required, to enable the removal and, atthe\nsametime, to ensurethatthereturnees posesno danger to themselves or other participants\nofthe return operation.\n\n3.11.12 Main tasks of escorts\nThe main tasks of escorts include;\n\n* Implementing/enforcing the return operation in line with the respective national leg-\nislation, applicable fundamental rights and codes of conduct in place;\n\n+ Guaranteeing the safety oftheirassigned returnees and participants ofthe forced-re-\nturn operation, including the (proportional) use offorceasalast resort;\n\n+ Theprovision of allrelevant information on the planned removal ofthereturnees priorto\ntheir return, including the information that thereturn operation willrun smootherifthe\nreturnee co-operates, andthatifthey do not co-operate, their removal will be enforced;\n\n* Conducting risk assessments on the co-operation of returnees and sharing of that\ninformation/assessment with relevant participants of the forced-return operation\nduring the briefing;\n\n* Following and implementing the security and surveillance plan on board the aircraft\ndefined by the head of operation of the OMS (movements within the cabin, meals,\netc.);*\n\n* The provision of all relevant information (technicalities, procedures, Implementation\nPlan, seating plan, etc.) to all participants of a return operation during the briefing;\nand\n\n+ In co-operation with the EL, ensure the handover of the returnees to the respective\nnational authorities in the country of return.\n\nDuring the return operation, the escorts have to ensure the returnees’ safety as well as the\nsafety ofthe other participants. If necessary, they are authorised to apply force to carry out\nthe return, butthe desired strategy is one of de-escalation and calming of any situation. Es-\ncorts are specifically trained for such scenarios. It isthe duty of escorts to communicate im-\nportant facts (i.e. self-harm, obstructive behaviour, etc.)to the EL (JRO: head of operation).\nIn addition, escorts should assist the returnees where necessary.\n\n147 Common Guidelines, Annex ofthe 2004 Council decision on joint removal: 3.1. (Council of Europe 2004: 6).\n\nA",
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"content": "en en ee\n\nFORCED-RETURN MONITORING » Background Reader\n\nThe number of escorts accompanying the return will depend on the risk assessment con-\nducted. The practice differsamongst Member States. Ifafemaleisto bereturned, itisrecom-\nmended that at least one woman should be part ofthe escort team. The same applies in the\ncase of minors (especially if no guardian accompanies the minor) or families to be returned.\n\nIt is important to note that while escorts are allowed to use force and necessary means of\nrestraint (proportionally and not exceeding reasonable force), \"returnees should be briefed\nregarding the enforcement of their removal and advised that it isin their interest to cooper-\nate fully with the escorts. It should be made clear that any disruptive behaviour will not be\ntolerated and will not lead to the aborting ofthe removal operation”.'®\n\n3.11.2 Special tasks of the escort leader\n\nThe term\"escort leader” (EL) refers to the escorts who are, in accordance with the instruc-\ntions given, in charge of managing a national group of escorts during a JRO. Each OMS and\nPMS appoints its own EL.“° Each PMS appoints one EL who as head oftheir national delega-\ntion is also the main contact person for the head of the whole operation. The national EL is\nalso the one that shares information, participates in briefings, etc.\n\nOne EL is always the head of operation. The term\"head of operation\" refers to the person\nappointed bythe OMS as having the overall responsibility for the JRO. Where no particular\nperson is appointed, the EL ofthe OMS is to be considered as the head of the JRO.\"° The\nhead of operation (or OMS EL) may decide upon the necessary termination of a forced-re-\nturn operation.\n\nAfter the return operation, the EL is to provide a written report to the authority that\nordered the return. It must include information on the use of force (reason, techniques ap-\nplied, and duration) as well as any other incidents that occurred. In case of an investigation\nand/or any findings of wrongdoing, the usual disciplinary procedures as for other law en-\nforcement officers apply to escorts.\n\n3.11.3 Skills required by escorts\n\nIn the majority of Member States, escorts are law enforcement officers who have been sub-\nject to standard law enforcement training. Escortsthen receive additional, specialised train-\ning to fulfil their specific duties. In some countries, they form part of a special unit. In other\ncountries, however, the escorts are from private security companies, which the State engag-\nes for these specific tasks.'s' There is no unified approach to the selection and training of es-\ncorts across the Member States. However, Frontex provides uniform EL training and escort\ntraining to both Member States and third-countries (for CROs). In most countries escorts\nreceive specific training aimed at meeting the requirements of escorting individuals during\nforced-returns and often benefit from on-going training.\n\n148 2.1(b) ofthe Annex ofthe 2004 Council decision on joint removal. (Council of Europe 2004: 5)\n\n149 Article 3(h) ofthe Code of Conduct for Return Operations and Return Interventions Coordinated or Organised by\nFrontex.\n\n150 Article 3(j) ofthe Code of Conduct for Return Operations and Return Interventions Coordinated or Organised by\nFrontex.\n\n151 Inthe UK, escorts come from private security companies and are not law enforcement officers. They are, howev-\ner, specifically trained and authorised to use force, and are accompanied by one law enforcement officer in charge.\n\n106 -",
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"content": "FORCED-RETURN MONITORING » Background Reader\n\nOverall, escorts should receive relevant training, amongst others things, related to:\n\n+ Regular practical exercise on the use of force and means of restrain, including mitiga-\ntion ofrisks related to this (e.g. positional asphyxia syndrome'®);\n\n* Legal training including on fundamental rights;\n\n+ De-escalation strategies;\n\n+ Emergency procedures on board an aircraft (and/or other means of transport); and\n+ First-aid training.\n\nIn relation to \"soft-skills\" required by escorts, their behaviour should be calm, patient, po-\nlite, non-discriminatory, and respectful. Knowledge of foreign languages is not a must but\nalways considered an asset among escorts. During JROs coordinated by Frontex, ELs should\nat least possess sufficient knowledge of English, as briefings are usually held in English. Ar-\nticle 14 ofthe Code of Conduct for Return Operations and Return Interventions Coordinated\nor Organised by Frontex further establishes the obligation that the OMS provides suitable\ninterpreters during the JRO based on an assessment ofthe returnees’ needs and escorts’ lan-\nguage skills.\n\n3.12 Pre-departure phase\n\nDuring the pre-departure phasethe escort team is briefed whilethereturnee(s) may stayina\nholding/waiting/detention facility at the place of embarkation. Respective national escorts\nwill search each returnee thoroughly (in accordance with the national law) before leaving\nthe Member State of first departure and before boarding.\n\nBefore the embarkation of the joint flight, the PMS EL and other relevant JRO participants\nwillattend an operational briefing organised bythe OMS EL. The briefing point and time will\nbe determined by the OMS's EL in due time. The OMS EL discusses the latest updates includ-\ning the passengerlists, seating plan, boarding and in-flight procedures, arrival phaseandthe\nsecurity, including the use of coercive measures. Each PMS EL providesthe OMSELwith the\ninformation on the current mental and physical state of the returnees. The PMS ELs should\nsubsequently brief their escorts with this latest information. A separate briefing is conduct-\ned by the organiser of theJRO with the cockpit and the cabin crew.\n\nDuring the pre-departure phase, special attention should also be paid to valuable personal\nbelongings and baggage of the returnees.\n\n152 This isa form of asphyxia which occurs when someone's position prevents him/her from breathing adequately.\nA small but significant number of people die suddenly and without apparent reason during restraint by police, prison\n(corrections) officers, and health care staff. Positional asphyxia may be factor in some ofthese deaths.\n\nA BE",
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"content": "E Ü\n\nFORCED-RETURN MONITORING -\n\nıckground Reader\n\nx\n\nEmbarkation\n\n+ The cabin of the aircraft is thoroughly searched by the back-up team for any danger-\nous items prior to embarkation;\n\n+ Boarding takes place in a secure area. Escorts and returnees are seated as directed by\nthe OMS escorts. Pregnant women (single or with families) and families with children\nare enabledtoboardtheaircraftseparately and are seated separately from other return-\nees. The seating plan is distributed during the operational briefing before the departure;\n\n+ Emergency exit rows are not to be utilised for seating of returnees; and\n* Once on board, all passengers take their seats and remain seated.\n3.13 The in-flight phase\n\nThe in-flight phase starts with the closure of the doors of the means of transportation (e.g.\naircraft, bus, train, ship) used for the removal and ends with the arrival at the final destina-\ntion, including the transit via another country.\n\nAll escorts (including ELs and head of operation) ensure the safety oftheirreturneesandthat\nof other participants oftheforced-return operation. During the in-flight phase:\n\n+ No member leaves their designated returnee unless relieved by another escort or bya\nback-up team member;\n\n+ Any movement of a returnee from a seat is granted according to the rules set during\nthe operational briefing; and\n\n+ Toilet(s) for the sole use of returnees are designated and clearly labelled. Only one\nescorted returnee at the time is permitted to move on board in order to access the\ntoilet. Escorts are advised to block the toilet door open (i.e. keep it ajar) in order to\nobserve so that the returnee does not inflict any self-harm.\n\nDuring this phase a security back-up team may operate in the aircraft. This team isolates\nand deals with any issues/incidents as instructed bythe Escort Leader, as well as securing\nthe exit doors. All relevant incidents during this phase have to be brought to the attention\nofthe OMSEL.\n\n3.14 Stopover\n\nAfter arrival of the aircraft at the stopover airport, the OMS EL meets with a representative\nof the stopover Member State.\n\n+ TheoOMSELandthePMSELsembark atthe stopover. The OMSELleads an operation-\nal briefing with the same participants as during the one organised before departure.\nThe PMS ELs should subsequently brief their escorts with this latest information;\n\n+ Asthe power is exercised by the authorities of the Member State where the stopover\ntakes place, the boarding procedure and the use of force are under the responsibility\nofthe stopover Member State, who assists other PMSs in embarking, if needed; and",
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"content": "FORCED-RETURN MONITORING » Background Readeı\n\n+ Other participants remain on board the main aircraft.\n3.15 Arrival phase\n\nThearrival phase coversthe period starting from arrival atthe country ofreturn and ending af-\nterthereturnee(s) have been handed overtothe national authoritiesinthe country ofreturn.\n\n* \\Whentheaircraft comesto.astop anda complete standstill at the final parking posi-\ntion any restraint should be removed from the returnees;\n\n+ Atthis point, they are handed back their personal belongings, which were transport-\nedin the cabin;\n\n* The OMS EL makes the first contact with the representative of the country of return\nin order to prepare the hand-over;\n\n* The OMS EL and the EL of each PMS meet relevant representatives of the country of\nreturn and hand over the travel documents and other relevant documentation, while\n\npresenting the returnees;\n\n+ Baggage in the hold is offloaded; and\n\n+\n\nThe OMSEEL informs the PMS ELs about the necessity to disembark the aircraft or not,\neitherfor a planned overnight stay orfor administrative ortechnicalreasons.\n\n3.16 Return phase\n\nInthe case any returnee is refused readmission to the country of return, the escort team\nescorts the returnees back until the place of departure. As mentioned above, this phase is\nthen also monitored. The debriefing is normally conducted during the return phase, with all\nthe relevant JRO participants, in particular the ELs, the back-up team leader, the monitor\nandthe Frontex representative. The debriefing can also take place back atthe hub/country o\ndeparture. AllPMSELs and the OMS EL are respectfully asked to complete a\"JRO Debriefing\nForm”. The feedback provided in the forms is utilised during the debriefing and by Frontex for\nthe Final Return Operation Report.\n\nFor CROs, the pre-departure and the hand-over, and in-flight phases are applicable.\n3.17 Use of force and means of restraints'®\n\nThe Twenty Guidelines on forced-returns recommends that in order to limit the use offorce,\nall individuals involved as well as the competent authorities should seek the cooperation of\nreturnees at all stages of the return process.'“ This principle is also included in Article 6 of\nthe Code of Conduct for Return Operations and Return Interventions coordinated or organ-\nised by Frontex. Information about possible hunger strikes, self-injurious behaviour, threats\nagainst escorts, or actions taken to abort a forced-return operation must be taken into ac-\ncount, even though this information does not automatically justify using force or means of\nrestraint in a preventive manner.\n\n153 Compare with Common Guidelines in the Annex ofthe 2004 Council decision on joint removal (Council of Europe\n2004: 4).\n154 Twenty Guidelines on Forced-Returns, Council of Europe, 2005, Guideline ı5.\n\nEEE\n\n109",
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"content": "Rn Rn en\n\nFORCED-RETURN MONITORING » Background Reader\n\nMeans of restraint can thus be applied to safeguard the health and safety of the returnee,\nof escorts, other participants (including monitors, crew and support staff, or other passen-\ngers), and property. However, inthe case ofthe use offorce, all reasonable efforts must first\nbe made to manage violent,'s recalcitrant,'° or disturbed behaviour by persuasion or other\nmeans that do not entail the use of restraint. The use of arestraint technique should only be\nconsidered when all other practical means of managing the situation, such as de-escalation,\nverbal persuasion, and voluntary'time out‘, havefailed or arejudged bythe escort to be likely\nto fail in the circumstances.\n\nWhen restraint is necessary, only authorised restraining techniques and material are to be\nemployed. Nonetheless, in these situations, proportionality, necessity, and accountability\nare paramount to make the use of force justifiable. Additionally, the dignity, privacy, cultural\nvalues, and any special needs of the person being returned should always be considered as\nfar as possible. Sometimes force may be necessary in order to applythe authorised means of\nrestraint. The restrictive space of a carrier (aircraft, ship, train, bus) may restrictthe range of\nalternatives available to escorts. The monitor must observe carefullyand be ableto make an\nobjective judgement to be reflected in their report. It is highly recommended that the moni-\ntors, when in doubt, talktothe ELto understandthe escorts account forthe use offorce and\nthe measures applied after the incident is over.\n\nArticle 7 ofthe Code of Conduct for Return Operations and Return Interventions coordinat-\ned or organised by Frontex, covers the use of coercive measures, establishing the following\nstandards to be applied during aJRO:\n\n1. Theuse of coercive measures must be legal, necessary and proportional, not exceed-\ning reasonable force, and with due respect to the returnee's rights, dignity and their\nphysical integrity. The use of coercive measurestakes appropriate account of theindi-\nvidual circumstances of each person, such as their vulnerable condition;\n\n2. Coercive measures may be used only when strictly necessary on returnees who refuse\norresistremoval orinresponseto an immediate and seriousrisk ofthereturnee escap-\ning, causing injury to themselves orto athird party, or causing damage to property;\n\n3. Coercive measures likely to compromise or threaten the possibility of the returnees\nto breathe normally are prohibited. The relevant escort leader periodically reviewsthe\ncontinuing necessity and proportionality of deploying coercive measures, and par-\nticularly of applying means of restraint, when these are used for prolonged periods,\nbased on a dynamic risk assessment;\n\n4. TheOMS and Frontex provide for alist of authorised restraintsin the operational doc-\numents in advance ofthe RO or Ri. Where applicable, this list must be distributed to\nthe relevant PMSs priortothe RO or RI. The use of sedatives to facilitate the removal\nis forbidden without prejudice to emergency measures under medical supervision to\nensure flight security;\n\n155 Violent/violence is understood as’Any incident in which a person is abused, threatened, or assaulted. This includes an\nexplicit or implicit challenge to their safety, well-being, or health. The resulting harm may be physical, emotional or psychological.'\n(HM Prison Service Prison Service Order 2750, London: NOMS, 2007).\n\n156 Obstinate and uncooperative attitude towards authority or discipline.",
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"content": "FORCED-RETURN MONITORING » Background Readeı\n\n5. 5.NoPMS participants are required to use coercive measures not allowed under their\nnational legislation even ifthose measures are accepted by the OMS and Frontex for\nthatparticularROorRI.'\n\n3-17. Use of means of restraint\nMeans of restraint should only be used:\n\n+ \\When strictly necessary. For instance, in cases of resistance of the returnee, or when\nthey are threatening to use violence or self-harm;\n\n* Inline with the individual risk assessment, when established that a returnee is likely\nto try to resist the return and might resort to violence and/or self-harm in order to\nprevent it;\n\n+ According to the approved list of authorised and forbidden means of restraints; and/\nor\n\n+ Inaccordance with the national law detailing the requirements and limits for the use\nofrestraintsaspartofaforced-return operation.'®\n\nThe means of restraint that might be used during a forced-return operation, depending on\nthe specific national legislation from the different Member States, may include the following:\n\n* Hand Cuffs (steel, plastic, Velcro, textile);\n+ Body Cuffs;\n* Head Protections (helmet, spit mask,).\n\n3.17.2 Restraining techniques to be avoided and the risk of positional asphyxia\nsyndrome\n\nDegrading and potentially harmful, even life-threatening techniques are to be avoided.\nThese include:\n\n* Restraining persons on thefloor. For example, techniques such asthe’prone restraint'\ninvolves forcing a person face down onto the floor, placing their hands behind their\nback and putting pressure on their torso, shoulders and neck. This can cause dispro-\nportionate discomfort and put the life of the individual in jeopardy when too much\nforce (pressure) is used. Ifthe floor is used as a last resort, then this should be for the\nshortest period of time and only for the purpose of gaining reasonable control;'s9\n\n157 Article7 ofthe Code of Conduct for Return Operations and Return Interventions coordinated or organised by\nFrontex (2018).\n\n158 National legislation in some instances”prescribes\" the use of certain restraints on returnees as a precautionary\nmeasure from the outset during a forced-return operation. Should the restraints be used in accordance with the na-\ntional legal framework, their legality cannot be questioned by a forced-return monitor. Nevertheless, its use could be\nassessed in the light ofthe principles of necessity and proportionality and related recommendations bythe monitor\ncould be brought forward.\n\n159 Nottingham University Hospital NHS, Restraint Policy, 2009.\n\n> ce",
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"content": "nn\n\nFORCED-RETURN MONITORING » Background Reader\n\n* Pregnant women should never be placed in a face down position; and\n\n+ Pressure should not be placed on the neck, especially not around the angle of the jaw\nor the windpipe. Pressure on the neck, particularly in the region below the angle of\nthe jaw (the carotid sinus) can disturb the nervous control ofthe heart and leadto.a\nsudden slowing or even stoppage of the heart.\n\nA degree of positional asphyxia can result from any restraint position where restriction of\nthe neck, chest wall or diaphragm occurs. See the following illustrative pictures for danger-\nous positions'®®:\n\n \n\nDiaphragmatic blockage Airway plugins\n\nPositional asphyxia (or postural asphyxia) is a form of asphyxia, which occurs when\nsomeone's position prevents him/her from breathing adequately. A small but significant\nnumber of people die suddenly and without apparent reason during restraint by police, pris-\non (corrections) officers, and healthcare staff. Positional asphyxia is thought to be a factor\nin some of these deaths. If leftin a prone position, even without weight being applied to the\nback, the persons own body weight can restrict breathing and cause death.\"\n\nThis risk increases when:\n+ The head is forced downwards towards the knees;\n* The person isimmobilised when seated;\n+ The person ison the floor face down;\n\n+ The torso is compressed against or towards the thighs (restricts the diaphragm and\ncompromises lung inflation);\n\n+ The body position of a person results in a partial or complete obstruction of the air-\nway and the subject is unable to escape from that position;\n\n160 Frontex Guide for JROs, p. 39 (from a Frontex PPT on medical precautionary measures for escort officers de-\nveloped within a Frontex project by medical doctors for the Medical Doctors’ Handbook on Medical Precautionary\nMeasures for Escort Officers).\n\n161 Frontex Guide for JROs, p. 40.",
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"number": 13,
"content": "FORCED-RETURN MONITORING - Background Readeı\n\n+ Pressure is applied to the back of the neck, torso, or abdomen of a person held in the\nprone position;\n\n* Pressure is applied which restricts the shoulder girdle or accessory muscles of respira-\ntion while the person is Iying down in any position;\n\n+ The person is obese (particularly those with large stomachs and abdomens);\n+ The person isa child or small adult;\n+ The person has a heightened level of stress (agitated and thus increased heart rate);\n\n+ The person may be suffering respiratory muscle failure related to earlier violent mus-\ncleactivity (suchasastruggle/previousresistance);'®\n\n+ The person is intoxicated with alcohol or drugs, or has a known history of substance\nabuse, particularly cocaine; and/or\n\n+ The person is unconscious.'®\n\nWarning signs of positional asphyxia include:\n* Verbal complaints of being unable to breathe properlytogether with increased effort;\n* Aviolent and noisy person suddenly becomes passive, quiet, and tranquil;\n\n* Blue discolouration to facial skin (this is difficult or Impossible to see with very pig-\nmented skin); and/or\n\n+ Gurgling/gasping sounds/foam or mucus coming from the nose or mouth.“\n3.17.3 Specific tasks for escorts in the event restraining techniques are applied\n\nShould restraining techniques be used, the escorts should monitor the health of the person\nbeing restrained and actively control how the restraints are being applied.\n\nEscorts always need to ensure that any restraint used is in line with the national legal frame-\nwork. During JROs co-ordinated by Frontex they have to be in line with the approved list\naccording to the Implementation Plan. They should also ensure that any restraints used are\nproportionate and necessary, including the validity of the duration of its application.\n\nThe escorts should specificallyensure measuresto reduce ttherisk of asphyxia, which include:\n\n+ Oncehandcuffed, persons should beraisedto theirfeet, placed ona seat.or, if violence\ncontinues, restrainedintherecovery position;\n\n+ Taking care not to put pressure on the person's back as breathing can be restricted,\neven if the person is placed in the recovery position;\n\n162 Nottingham University Hospital NHS, Restraint Policy, 2015\n163 Frontex Guide for JROs, p. 41.\n164 Frontex Guide for JROs, p. a1.\n\nA",
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"number": 14,
"content": "rn. Sn en\n\nFORCED-RETURN MONITORING + Background Reader\n\n+ Observing the person's condition (e.g. vital signs) continually whilst being restrained,\nas death can occur suddeniy and develop beyond the point of viable resuscitation\nwithin seconds rather than minutes;\n\n+ Getting medical assistance immediately if there is any reason for concern regarding\ntheperson'scondition;'°s\n\n+ Supporting and protecting the restrained person's head and neck appropriately;\n+ Not compromising the restrained person's airways and breathing;'“*®\n\n+ Making every effort to use techniques that do not use the deliberate application of\npain; and\n\n* Thelevel of force applied is reasonable and necessary and proportionate to a specific\nsituation, and is applied only for the minimum amount of time necessary.\n\nWhere warning signs of pain or risk of loss of life are present, the restrained person must\nimmediately be released or the restraint modified as far as practicable to reduce restriction,\nand medical personnel must be summoned.\n\nAn individual dying from positional asphyxia may not be able to speak or shout prior to col-\nlapse. Warning signs related to positional asphyxia include:\n\n+\n\nAn individual struggling to breathe;\n\n* Complaining of being unable to breathe;\n\n+ Evidence or report of an individual feeling sick or vomiting;\n\n+ Swelling, redness, or bloodspots to the face or neck;\n\n* Marked expansion ofthe veins inthe neck;\n\n+ Individual becoming limp or unresponsive;\n\n+ Sudden changes in behaviour (either escalating or de-escalating);\n* Loss of, orreduced levels of, consciousness; and/or\n\n+ Respiratory or cardiac arrest.'”\n\n165 Frontex Guide for JROs, p. 42.\n166 Nottingham University Hospitals, 2015.\n167 Nottingham University Hospitals, 2015.\n\nNn4 N",
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"number": 15,
"content": "FORCED-RETURN MONITORING » Background Readeı\n\n3-18 Reporting on the use of force - a quick check-list\nBelow is an indicative list and more information on reporting is covered in Chapter 4:\nv Wasan individual risk assessment conducted for the returnee?\n\nv Did the EL/escorts inform the returnee that it is in their interest to co-operate, and\nthat uncooperative behaviour will not stop the return operation?\n\nv _Didthe escorts make use of de-escalation and communication skills prior to the use\nof force?\n\nv _ \\Nhat was the specific situation that required the use of force by the escorts?\n\nv Was the use of restraint measures in accordance with applicable national law (see\nNational Country Factsheets and Implementation Plan)?\n\nv _Inaddition to the legal provisions for restraint measures, were they necessary and\nproportional?\n\nv How long were restraint measures used for? Was the length reasonable or excessive?\n\nv Positions that may cause asphyxia are to be avoided. Were such positions applied\nand were they necessary to control the returnee and limit potentially dangerous sit-\nvations? Was the returnee closely monitored by the escorts and medical personnel\nwhilst restrained?\n\nv \\Wasthereturnee informed about the possibility to lodge a complaint, and if so how\nand wasthere an attempt bythereturneeto complain about restraint measures and/\northe use of force?\n\nv Did the escorts follow their obligation to report incidents in relation to the use of\nforce?\n\n3.19 Possible impact of forced-return monitoring and coping strategies for\nthe monitors\n\nItistthe task of the monitor during a forced-return operation to observe and report but\nnever interfere. The fact that a monitor has no mandate to intervene can, especially in\nthe case of incidents, be very challenging and requires a high level of emotional control\nduring the return operation. There are also effects that a monitor might experience after\na return operation.\n\n3.19.31 Impacts during the monitoring mission - how to handle your emotions?\n\nThe intuitive reaction of most individuals, when something is perceived as wrong, isto inter-\nvene. Indeed, society teaches people to do so. The actual strength of this feeling differs be-\ntween individuals and might also be related to whether the individual concerned has an ex-\n\ntroverted or introverted personality. Nonetheless, observing a situation which goes against\nan intuitive feeling and refraining from acting upon that feeling is challenging.\n\nPA:\nm 0",
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"number": 16,
"content": "RE. en En en\n\nFORCED-RETURN MONITORING » Background Reader\n\nThe monitor in these situations must remain calm, controlled, and cannot show agitation,\nor display visible or audible reactions, and under no circumstances can they walk away from\nthe situation.\n\nAlso, when approaching the EL with observations, for example, ifthe monitor feelsthatina\ncertain case means of restraint could be loosened or removed, the monitor hasto stay calm,\ncontrolled and provide suggestions only. It is always at the discretion of the EL and es-\ncorts whether to respond to the observations and suggestions made or not, based\non their risk assessment.\n\nIn order to be able to perform the tasks asa monitor, itis paramount that the individual:\n\na) Realises that emotions may impede the monitoring task, even to the point of endan-\ngering objectivity in reporting; and\n\nb) Develops and applies strategies to handle these emotions and remains calm and con-\ntrolled in order to discharge the duties of amonitor.\n\nIndividual strategies can be applied, and over time each person may realise what works best\nfor them. However, some general strategies that are considered helpful in order to main-\ntain control under stressfuland emotional circumstances and in order to be able to continue\nmonitoring, include:\n\n+ To breathe actively and consciously inand out -counting upto sand down to Oo;\n\n+ To remind yourself of your task as the monitor; if necessary say to yourself in your\nhead (repeating it as often as necessary) that\"you cannot intervene, you are not al-\nlowed to intervene, focus on what happens’, and\n\n+ To concentrate on taking notes. In all situations, this is the monitor's main task; re-\nmind yourself while taking notes, to be as objective as possible.\n\nWhile observing, monitors can experience a variety of emotions, ranging from compassion,\nthe urge to intervene, frustration at not being able to intervene, indifference (based on the\nfact that one cannot intervene, or that one has already seen such a situation several times\nbefore), to rejection of the individuals they deal with, which can apply to the returnee(s) as\nwell asto the escorts.\n\n3.19.2 Impacts following an actual monitoring mission\n\nForced-return operations, especially those involving incidents, can have an impact on the\nmonitor even after the operation.\n\nOntheonehand, thisrelatesto thefactthattherange of emotions described can impact the\nability of monitors to report objectively, and thus can negatively impact the performance of\nthe monitor. Therefore, while writing the report, the monitor has to continuously control\nthemselves and check whether what is written is objective and factual.\n\nOn the other hand, situations witnessed during a forced-return operation, andtthe feeling of\nnot having been able to intervene, may impact the wellbeing of the monitor even long after\nthe operation. Since the monitor will most likely not be observing a forced-return operation",
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"number": 17,
"content": "FORCED-RETURN MONITORING » Background Readeı\n\nevery day or several times a week, secondary trauma (also called vicarious trauma) might\nnot necessarily apply.'® Nonetheless, being subjected to stressful and difficult situations, as\nwell as not being able to intervene, can have a lasting impact. The first step is realising that\nthis has happened, which is closely related to careful self-observation.\nSome symptoms that are related to secondary trauma include:'°®\n\n+ Intrusive thoughts;\n\n* Chronicfatigue;\n\n+ Sadness;\n\n+ Anger;\n\n* Poor concentration;\n\n+ Detachment;\n\n+ Emotional exhaustion;\n\n+ Fearfulness;\n\n+ Shame;\n\n* Absenteeism; and/or\n\n+ Alcohol or drug abuse.\n3.19.3 Coping strategies\n\nIf amonitor experiences any of the above symptoms or has concerns, they should not hesi-\ntate to act.\n\n+ Talk to somebody. Talking about it helps. It may be a friend or even a fellow monitor\n(see below). However, be sure to observe the required confidentiality and do not re-\nveal any names or details of the return operation. Instead, focus on describing your\nown emotions and the difficulties you are experiencing;\n\n+ Seek professional help, e.g. counselling. Depending on the organisation you work for,\nsupervision sessions might also be a possibility, so inform yourself; and\n\n* Inmany professions, peersupporthas proved to be of great. help, especially in relation\nto dealing with difficult situations. Talking to colleagues (e.g. other monitors) might\nprovide the opportunity to share any kind of related emotions or frustrations, as well\n\n168 Professionals who work with victims oftrauma or human rights violations, as well as more generally with people\ninneed on areqular basis, experience psychological strain. The demanding complexity ofthe work and frequent\nencounters with people who are traumatised or afraid, or who exhibit mental or physical distress, as well as hearing\ntheir stories, can lead to these professionals developing vicarious or secondary trauma, which has to be identified and\nacted upon.\n\n169 Frontex, Fundamental Rights Manual for Border Guard Trainers, 2012.\n\nEEE",
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"number": 18,
"content": "Rn en en\n\nFORCED-RETURN MONITORING - Background Reader\n\nas to discuss possible coping strategies. If not offered as a regular and institutional\napproach (which might be externally moderated and/or be provided to all monitors\nonce or twice a year), monitors can discuss the possibility of establishing peer sup-\nport groups involving different set-ups and/or exchanges via established platforms.\n\n3.19.4 Key points to remember\n\n* Themonitor must respect the principles of accuracy, confidentiality, impartiality, and\nnon-discrimination ataalltimes;\n\n* The report must state the facts. This includes observations of things that happened\nand that did not happen;\n\n* \\Nhere appropriate, factual observations (including the what, when, by whom, and\nwhy, where applicable) must be included in the report;\n\n* Themonitor must not voice opinions about the general system of returns or question\nthe legality ofthe return decision/removal order;\n\n* The report must also include observations of situations or issues that were handled\nwell so as to facilitate the documentation of good practices and learning;\n\n+ Themonitor must be aware ofthefactthat observation ofreturn operations can have\nimpacts on his/her ability to discharge the task and also on his/her well-being after\nthe event;\n\n+ Strategies relating to how to deal with rising emotions, include focusing on tech-\nniquesto manage breathing, reminders ofthe required tasks and mandate, and com-\nprehensive and thorough note-taking;\n\n+ \\Nhile writing the report, and when reporting on incidents, the monitor must con-\nstantly review the information provided, to guarantee objectivity in the reports; and\n\n* Shouldthe monitor, atanytime, experience symptoms related to being overwhelmed\nby what has been witnessed, they should seek supervision (if accessible) and/or pro-\nfessional help.",
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