LBS Guidelines final_PAD version
combination thereof, including any allegation of =violation of Fundamental Rights. 8. ORGANISATIONAL ARRANGMENTS AND LOGISTICS 8.1. Composition of the teams The Threenon-disclosed border guards part contains will operate as onedetailed information patrol. Preferable regarding all border guardstheof one modus patrol willofhave operandi law different nationality. enforcement Theperforming officials patrol will have always border one border control. guard Disclosing such acting as hostMS officer and two members of the teams. The patrol information would expose the working methods applied in ongoing and future will stay during the entire Joint Operation, but the role will change member of the teams to hostMS operations, thus obstructing their effectiveness in prevention of cross-border officer during different scenarios. The border guard, who is acting as hostMs officer, crime and unauthorized border crossings. In consequence, it would is patrol leader and in charge. Acting members of the teams will wear the blue undermine the protection armband. of the public interest as regards public security and thus, cannot be disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. 8.2. Transport and lodging All transportation will be provided by the host MS Europia. All deployed staff will be accommodated at HQ in Europia. 8.3. Safety and Security Rules - All communication will be in English language - All participants will follow strictly the Frontex Code of Conduct - Trainers will be visible by vests “Frontex Trainer”; all orders by trainers shall be strictly followed - Participants will wear their proper national uniform; personal equipment is allowed after consulting trainers; NO WEAPONS 8.4 Legal aspects of EUROPIA International Protection: People who are in need of International Protection will be referred to the reception centre of the national office for asylum seekers. As a first measure the border authority establish identity and takes evidence before referring to reception centre. Trafficking in Human Beings: EUROPIA has recently launched its national program in preventing and combating trafficking in human beings, which is based on the EU Directive 36/2011. Victims of trafficking receive, after establishing identity, legal status for staying in EUROPIA till __________________________________________________________________________________ 31
the case is closed by court. The border authority takes all measures for proper investigation against traffickers. 9. EVALUATION Evaluation of the Joint Operation will be done with all participants during the debriefing on Thursday. __________________________________________________________________________________ 32
ANNEX II HANDBOOK OF BEST PRACTICE FOR LAND BORDER SURVEILLANCE OFFICERS __________________________________________________________________________________ 33
Content INTRODUCTION 3 CHAPTER 1 – BORDER SURVEILLANCE BASICS 6 Principles of green border surveillance 6 Technical equipment for successful land border surveillance 8 Security and safety aspects of border surveillance 9 Joint Teams 10 CHAPTER 2 – COMMUNICATION/REPORTING 11 Internal communication in practice 12 International phonetic alphabet (NATO/ ICAO) 12 Radio procedure words 13 Report writing 15 Serious Incident Report (SIR) 15 External communication in practice 19 CHAPTER 3 – PREPARATION FOR DUTY/TEAM BRIEFING 20 Equipment Check 20 Team briefing 21 CHAPTER 4 – PERSONAL SAFETY AND SECURITY WHILE IMPOSING BORDER GUARD MEASURES 22 Check of a person 22 Check of a vehicle 24 Search tactics and techniques – general approach 31 __________________________________________________________________________________ 34
As law enforcement, you must first know the law! Introduction A Border Surveillance Officer is facing daily challenging and demanding tasks. The spectrum of action and reaction has to be adopted to the situation, environment and local circumstances. In this regard, a Team Member deployed to any Frontex Joint Operation or Pilot Project has to rely on certain standards in cooperation with host Member State officers and vice versa. This handbook is not replacing any national law or regulation; it should be understood as best practice in various typical Border Guard situations in order to facilitate, on one hand the enforcement of the national law of the host Member State, but also to ensure self- protection of deployed Guest Officers and their colleagues. Worst case scenarios occur by the combination of avoidable minor mistakes, for example the misinterpretation of information received, improper use of equipment, insufficient equipment check prior to the start of duty, lack of proper briefing of the staff involved. __________________________________________________________________________________ 35
Diplomat in Uniform You are the first impression a foreigner receives by entering your or the host country! We expect behavioral standards aligning the Frontex Code of Conduct and this reflects appearance, communication and professionalism in all your measures. The respect of Fundamental Rights 1 is the main approach of this handbook and, as mentioned in the headline: “As law enforcement you must first know the law!”. The enjoyment of Fundamental Rights entails responsibilities and duties with regard to other persons, to the human community and to future generations. In order to show you how much the Charter of Fundamental Rights affects your work, here is an example of a border related case: Example: Your patrol stops a vehicle close to the border and you check the identity of the driver. You recognize a forged document presented by the driver and you decide to bring the person for further clarification about his identity to the nearest field office. After one hour at the field office you have established the real identity and by checking the database you have found out an existing European Arrest Warrant issued by German authorities. The reason for the arrest warrant is that the person has been sentenced for trafficking in human beings. Task: Discuss and try to find out which articles of the Charter of Fundamental Rights of the European Union are applicable to this case3. 1 Charter of Fundamental Rights of the European Union 2 Taken from the Preamble of the Charter of Fundamental Rights of the European Union 3 Example: To stop the person and transfer to the field office; to keep the person at the field office for one hour; arrestment due to arrest warrent – Article 6 of the Charter of Fundamental Rights. Establishing identity, and check with database – Article 8 of the Charter of Fundamental Rights. Using forged documents by the person as criminal act – Article 47 and Article 48 of the Charter of Fudamental Rights. European Arrest Warrant by court decision – Article 47 and Article 48 of the Charter of Fundamental Rights. __________________________________________________________________________________ 36
There is no need to commit the whole law to memory, but if you follow some general rules within all your actions, you will comply with general legal requirements: • adapt the use of force according to the situation; • follow the principle of proportionality in all your actions and measures, especially when using force or dealing with vulnerable people; • any limitation on the exercise of the rights and freedoms recognized by the Charter of Fundamental Rights must be provided for by law and respect 4 the essence of those rights and freedoms. Use of Force Model 5 Proportionality In all your measures you should respect proportionality between the aim you want to achieve and the means you are using. Simply spoken, do not use a sledgehammer for cracking a nut! 4 Article 52 of the Charter of Fundamental Rights of the European Union. 5 Ontario Use of Force Model (2004). 2nd July 2014,12:23 hrs, taken from internet: http://ottawa. ca/calendar/ottawa/citycouncil/opsb/2008/02- 25/item7.htm __________________________________________________________________________________ 37
Keep proportionality of all your measures! Chapter 1 – Border surveillance basics Principles of green border surveillance Within the border surveillance duties along the EU external land borders joint teams comprising officers from the border guard services of the host MSs and guest officers (EBGTs) perform preventive and repressive tasks, which are carried out following the operational plan by respecting the main purposes of the surveillance of external borders at places other than border crossing-points and surveillance of these crossing-points outside opening hours6: • to prevent, and discourage, unauthorised border crossings; • to counter cross-border criminality; • to apply or take measures against persons who have crossed the border illegally. Border surveillance duties are performed in full compliance of the relevant EU and international law, national laws of the Host Member States, obligations related to access to international protection and fundamental rights. 7 The surveillance of the land borders may be carried out 8 by : • patrolling • stationing at places known or perceived to be sensitive 6 Schengen Handbook, Brussels, 06/XI/2006, C (2006) 5186 final, p. 75 7 Schengen Borders Code (SBC), Art. 3a. 8 Schengen Handbook, Brussels, 06/XI/2006, C (2006) 5186 final, p. 75 __________________________________________________________________________________ 38
Joint Team’s tasks are done practically through various forms of work, most frequently as patrolling, observation, intensified control and ambush (stationary and mobile units). 9 Patrolling Patrolling is a form of work usually done in motor vehicles and other means of transport at those operational areas (sections) of the EU external land borders where local border guards and GOs presence is required due to the operational needs, defined base on the risk assessment. 10 The main tasks of patrolling are: The non-disclosed part contains • monitor the terrain they operate detailed in information regarding the modus• operandi of law ensure that there enforcement is no risk officials to public policy and internal performing border control. security Disclosing such information in the patrolling area would expose the working methods applied in ongoing and future operations, • check documents of persons being in the area, who are not thus obstructing their effectiveness in known to the patrol team prevention of cross-border crime and unauthorized border crossings. In consequence, • stop all suspected persons who do not have any documents and it would undermine the protection of the public interest as regards public ask them to explain in detail their reasons for being in that area security and thus, •cannot be disclosed pursuant to Article 4(1)(a) stop and bring to the nearest border guard’s station persons who first indent of Regulation (EC) No 1049/2001. crossed or tried to cross the border illegally Patrols might be reinforced with the technical means and/or dog handlers with service dogs (sniffer dogs in forest areas). Patrolling is also done on foot, especially where the terrain and landscape is not allowing patrolling by patrol vehicles or other types of technical means. Stationing The main tasks of stationing are to: • observe the places which are perceived to be sensitive to illegal border crossing or smuggling • stop and bring to the nearest border guard’s station persons who crossed or tried to cross the border illegally Observation Observation is a form of work the purpose of which is to spend a short or long period of time observing certain operational area(s) and it is usually done on foot by use of different technical means. Observation is carried out in places where illegal crossings of the EU external borders and other criminal activities related to THB are more frequent or where they can be expected based on risk assessment and previous operational findings. __________________________________________________________________________________ 39
Intensified control Intensified control is the form of work where, according the risk assessment joint teams caring out tasks in a certain area at a certain time based on common plan. In surveillance of the land border intensified control is performed in order to detect and prevent illegal crossings, to detect forged or altered passports and abuse of genuine documents, to detect and prevent trafficking in firearms, to detect and prevent illicit drug trafficking and to detect stolen vehicles. Ambush Ambush is form of work where, according the risk assessment joint teams caring out tasks at designated place(s) in order to detect illegal crossings with main aim to apprehend the facilitators involved in people trafficking. Areas for ambushes are predefined and selected based on the risk assessments and relevant information provided. Combined border surveillance operational activities includes various forms of work and activities presented above (as example: patrolling + observation + intensified control) based on the threat and risk assessment for the particular border area with the aim to perform preventive and operative tasks related to with the main purpose to prevent unauthorised border crossings and to counter cross-border criminality at EU external land borders. Technical equipment for successful land border surveillance Different technical equipment for successful surveillance of the land borders is used by local authorities and GOs during Joint Operations. Technical means 11 which are mainly used for land border surveillance during the Joint Operations at land borders - with the aim to apprehend individuals crossing the land borders illegally - are: The• non-disclosed part contains thermal vision-cameras detailed (vehicles: vans information and all-terrain vehicles): regarding the modusequipped operandi with IRofcameras, law enforcement officials long-range daylight cameras performing and laser border control.range Disclosing finders; such information would expose the working methods applied • stationed in ongoing thermal and future vision-cameras operations, (also combined thus obstructing with long-range their camera); effectiveness in prevention of cross-border crime and unauthorized • handheldborder crossings. thermal vision cameras In consequence, it would undermine the• protection night visionof the public interest as regards public security and goggles thus, • cannot binoculars be disclosed pursuant to Article 4(1)(a) first indent of Regulation • service(EC) patrolNovehicles, 1049/2001. • all-terrain service vehicles, • helicopters or fix wing aircrafts for border surveillance. __________________________________________________________________________________ 40
