The European NPM Project

1. The European NPM Project The immigration removal process and preventive monitoring 20 March 2012

2. Background • Spanish Ombudsman designed as NPM through Organic Law 1/2009 • Modifies Organic Law 3/1981 on the Ombudsman • Previous experience

5. Late oficial figures (1) Number of foreigners detained in the 8 Detention centers for foreign nationals (CIEs) 2011: 11.456 people (108 different nationalities) 10.580 men 876 women

6. Late oficial figures (2) Number of foreigners deported by air 2011 : • 1.430 people: • 1.109 by flights (28) organized solely by Spain. • 321 by flights (42) organized in cooperation with Frontex).

7. No removal at all cost • Death of Nigerian man while removal flight (9 June 2007) • The autopsy report: died of asphyxiation probably caused by the placement of adhesive tape over his mouth. • Ongoing judicial procedure • Monitoring the procedure • Ombudsman recommendation

8. The proportionate use of force during the removal process: the theory • “Code of conduct for the deportation and transfer of foreign national detainees by air and by sea” (implemented in Oct 2007) • based on the principles drawn from the Council Directive 2003/110/EC and the 2004/573/EC Council Decision

9. Code of conduct • “The police escort should refrain from resorting to any abusive, discriminatory or arbitrary practices” • “the police escort should not be wearing any kind of weapon or dangerous tools to the exception of the professional material allowed for in the Intervention and Security module” • the “policeman in charge of the operation shall appreciate the opportunity to use restraining means (security ties, helmets, straitjackets, handcuffs) while preserving at all times the dignity and physical integrity of the detainee”

10. In 2009 we received several complaints with a YOUTUBE video Video recorded Physical abuses caused by the police escort on a Senegalese national at Barajas Airport on June 15th, 2009. Later widely displayed on the internet and throughout the media

11. Ombudsman´s new recommendation The use of his foot by one of the police escort to theoretically keep the detainee from moving was unacceptable and unjustifiable since the detainee was, at that time, already lying on the ground and had his legs and arms restrained. Recommended a modification of the “Code of conduct for the deportation and transfer of foreign national detainees by air and by sea”. It suggested to add that the coercive measures taken against a detainee could not in any case hinder or impede the ability of the detainee to breathe normally. It therefore recommended the prohibition, in any case whatsoever, of the use of material that could limit the audition, sight or ability to breathe of the detainees. The recommendation was accepted by the Director General of the Police

12. Late oficial figures (3) • Number of “incidents” which took place during the removal procedures according to the figures given by the Police report (2011): • 8 incidents out of which 3 were of a medical kind, 2 were for physical harm, 2 were linked to resistance exercised by the deportee, and 1 was linked to a mistake made by the airline.

13. The proportionate use of force during the removal process: the practice • Numerous complaints over the years alleging mistreatments during the course of the deportation procedure • Huge number of judicial investigations suspended or dismissed because the potential victim has been expelled • The Defensor del Pueblo/NPM expresses its concern and keeps trying to identify the deficiencies in the legal procedure in order to make proposals to amend the judicial procedure to fight impunity in cases of abuses in the course of the deportation