EU Ombudsman opens investigation into fundamental rights of returned migrants

The European Ombudsman, Emily O'Reilly, has opened an investigation into how Frontex ensures the respect of fundamental rights of migrants who are subject to forced returns from the EU to their countries of origin.

The EU agency, based in Warsaw, co-ordinates and finances joint return operations in co-operation with member states. The Ombudsman sent Frontex a list of questions, including who has responsibility for the welfare of returnees during the flights and how independent monitoring during joint return operations can be guaranteed.

An EU Directive lays down common EU standards and procedures for the return of irregular third-country migrants, including rejected asylum seekers. In 2012, EU Member States ordered more than 484,000 non-EU nationals to leave their territory, with around 178,000 actually leaving.

Frontex co-ordinates joint return operations, in which several EU Member States co-operate. Between 2006 and 2013, 209 such operations took place, returning 10,855 persons in total.

The Ombudsman's investigation includes Frontex's co-operation with national monitoring bodies, such as ombudsmen. O'Reilly has written to all national colleagues in the European Network of Ombudsmen to ask them for any relevant information regarding return operations.

The inquiry also includes questions about the monitoring of joint return operations, as well as about the treatment of returnees who are, for example, sick or in advanced pregnancy.

She also raised implementation issues in relation to Frontex's Code of Conduct for joint return operations, such as standards for escorts, complaints mechanisms, and co-operation with EU Member States.