Against a backdrop of recurring violations of the rights of migrants and refugees at the European Union’s external borders, on Tuesday 30 July, the Agency for Fundamental Rights (FRA) published a guide entitled ‘Guidance on investigating alleged ill-treatment at borders’, with the aim of identifying best practices and proposing concrete recommendations to enhance the effectiveness and independence of investigations relating to the protection of these rights.
The report includes detailed case studies, statistics and examples of practices in different Member States.
According to the FRA, the many reports of incidents of physical violence, inhuman treatment and failure to provide assistance have led to very few investigations, and these are often ineffective. The document will provide national authorities with the tools they need both to conduct investigations in line with human rights standards and to ensure justice and accountability.
The report also highlights a number of systemic shortcomings in national investigations. One of the main concerns is a lack of transparency, as the results of disciplinary and preliminary investigations are often not made public, which undermines the perception of the rigour and impartiality of the procedures.
In addition, the participation of victims is frequently neglected, with investigations lacking diligence in collecting evidence from victims and witnesses, due in particular to inadequate translations and evidence not being collected in a timely manner.
This lack of rigour is said to contribute to a general feeling of impunity: very few investigations result in convictions and sanctions are rare.
The FRA makes a number of recommendations to address these shortcomings.
It suggests the regular publication of statistics and detailed information on complaints, investigations opened and their results.
The Agency also recommends that criminal investigations be entrusted to specialised departments independent of the authorities involved in the incidents.
Training and guidance for local investigators and prosecutors on victim protection and gathering evidence are also recommended.
In addition, it seems there is a need to be proactive in initiating investigations, even in the absence of formal complaints when credible information is available, and to facilitate the participation of victims in criminal proceedings while ensuring their protection against any reprisals.
To read the report, go to https://aeur.eu/f/d65 (Original version in French by Nithya Paquiry)