Drafting and submitting a report FReM III, National training on escorted return operations and forced-return monitoring mechanisms Cyprus, 9-10 May 2019 Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019

Outline Main principles of reporting What should I write? How should I write it? Where do I send it to? (and when?) And then, what? Examples, questions, discussion Exercises in style Summing up Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019 2

Main principles of reporting Accuracy distinction between facts and allegations precise, concise and brief all relevant details should be reported Confidentiality no disclosure of information to third parties Impartiality and non-discrimination no unsubstantiated judgements all data shall be properly documented no prejudice and/or discrimination towards anyone based on their sex, nationality, religion or role in the operation Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019                3

What should I write? (i) Facts First hand observations by phase and incident Second hand information, indicating the source Opinions/Allegations, indicating the source Assessment of reactions/measures for compliance with the principles of legality, necessity and proportionality Recommendations Summary of operation (date, time, places, numbers, persons, positive/negative points, recommendations) Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019  4

What should I write? (ii) The report should, in particular, include information on: Operation data (itinerary, date, parties, nationalities etc) Preparations Incidents (causes, reactions, consequences) Restraints used indicating constant/individual assessment Force applied Treatment of children and vulnerable persons Complaints Helpful actions, positive initiatives Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019      5

How should I write it? (i) Template - FRONTEX or other Use clear, short sentences and always indicate time reference / sequence of events phases/incidents parties involved applicable rules/procedures Focus on the returnees, not the monitor or any other party Cross check facts, notes, data Check against debriefing notes Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019    6

How should I write it? (ii) Refrain from expressing personal views taking sides making assumptions rushing to unsubstantiated judgements using excessive/colorful language revealing personal data missing or misrepresenting facts Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019 7

Where do I send it to? (and when?) The forced-return monitor shall submit a report on each forced-return operation (within two weeks) to: the executive director, the fundamental rights officer and the competent national authorities of all the Member States involved in the given operation. Art.28.6 of Regulation 2016/1624 Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019                                8

And then, what? (i) If necessary, appropriate follow-up shall be ensured by the executive director and competent national authorities respectively. Art.28.6 of Regulation 2016/1624 If the Agency has concerns regarding the respect of fundamental rights in respect of return operation, it shall communicate them to the participating Member States and to the Commission. Art.28.7 of Regulation 2016/1624 Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019                                9

And then, what? (ii) The executive director shall evaluate the results of the return operations. Every six months, he or she shall transmit a detailed evaluation report covering all return operations conducted in the previous semester to the management board, together with the observations of the fundamental rights officer. The executive director shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future return operations. The executive director shall include that analysis in the Agency's annual activity report. Art.28.8 of Regulation 2016/1624 Yiannis Boutselis | Greek Ombudsman | Cyprus, 9-10 May 2019                                10