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94EU NETWORK OF INDEPENDENT EXPERTS ON FUNDAMENTAL RIGHTS41. Operations involving the deportation <strong>of</strong> immigration detainees must bepreceded by measures to help the persons concerned organise their return,particularly on the family, work and psychological fronts. It is essential thatimmigration detainees be informed sufficiently far in advance <strong>of</strong> their prospectivedeportation, so that they can begin to come to terms with the situation psychologicallyand are able to inform the people they need to let know and to retrieve their personalbelongings. The CPT has observed that a constant threat <strong>of</strong> forcible deportation hangingover detainees who have received no prior information about the date <strong>of</strong> theirdeportation can bring about a condition <strong>of</strong> anxiety that comes to a head duringdeportation and may <strong>of</strong>ten turn into a violent agitated state. In this connection, the CPThas noted that, in some <strong>of</strong> the countries visited, there was a psycho-social serviceattached to the units responsible for deportation operations, staffed by psychologists andsocial workers who were responsible, in particular, for preparing immigration detaineesfor their deportation (through ongoing dialogue, contacts with the family in the country<strong>of</strong> destination, etc.). Needless to say, the CPT welcomes these initiatives and invitesthose States which have not already done so to set up such services.42. The proper conduct <strong>of</strong> deportation operations depends to a large extent on thequality <strong>of</strong> the staff assigned to escort duties. Clearly, escort staff must be selectedwith the utmost care and receive appropriate, specific training designed to reducethe risk <strong>of</strong> ill-treatment to a minimum. This was <strong>of</strong>ten far from being the case in theStates Parties visited. In some countries, however, special training had been organised(methods and means <strong>of</strong> restraint, stress and conflict management, etc.). Moreover,certain management strategies had had a beneficial effect: the assignment <strong>of</strong> escortduties to staff who volunteered, combined with compulsory rotation (in order to avoidpr<strong>of</strong>essional exhaustion syndrome and the risks related to routine, and ensure that thestaff concerned maintained a certain emotional distance from the operational activitiesin which they were involved) as well as provision, on request, <strong>of</strong> specialisedpsychological support for staff.43. The importance <strong>of</strong> establishing internal and external monitoring systems in anarea as sensitive as deportation operations by air cannot be overemphasised. TheCPT observed that in many countries, specific monitoring systems had, unfortunately,been introduced only after particularly serious incidents, such as the death <strong>of</strong> deportees.44. Deportation operations must be carefully documented. The establishment <strong>of</strong> acomprehensive file and a deportation record, to be kept for all operations carried out bythe units concerned, is a basic requirement. Information on abortive deportationattempts should receive special attention and, in particular, the reasons for abandoning adeportation operation (a decision taken by the escort team on managerial orders, arefusal on the part <strong>of</strong> the captain <strong>of</strong> the aircraft, violent resistance on the part <strong>of</strong> thedeportee, a request for asylum, etc.) should be systematically recorded. Theinformation recorded should cover every incident and every use <strong>of</strong> means <strong>of</strong> restraint(handcuffs; ankle cuffs; knee cuffs; use <strong>of</strong> self-defence techniques; carrying thedeportee on board; etc.).Other means, for instance audiovisual, may also be envisaged, and are used insome <strong>of</strong> the countries visited, in particular for deportations expected to beproblematic. In addition, surveillance cameras could be installed in various areas(corridors providing access to cells, route taken by the escort and the deportee to thevehicle used for transfer to the aircraft, etc.).45. It is also beneficial if each deportation operation where difficulties areforeseeable is monitored by a manager from the competent unit, able to interruptthe operation at any time. In some <strong>of</strong> the countries visited, the CPT found that thereCFR-CDF.rep.UE.2003.en
FUNDAMENTAL RIGHTS IN THE EU IN 200395were spot checks, both during preparations for deportation and during boarding, bymembers <strong>of</strong> internal police supervisory bodies. What is more, in an admittedly limitednumber <strong>of</strong> cases, members <strong>of</strong> the supervisory bodies boarded aircraft incognito and thusmonitored the deportee and the escort until arrival at the destination. The CPT can onlywelcome these initiatives, which are all too rare at present in Europe.Further, the CPT wishes to stress the role to be played by external supervisory(including judicial) authorities, whether national or international, in theprevention <strong>of</strong> ill-treatment during deportation operations. These authorities shouldkeep a close watch on all developments in this respect, with particular regard to the use<strong>of</strong> force and means <strong>of</strong> restraint and the protection <strong>of</strong> the fundamental rights <strong>of</strong> personsdeported by air.CHAPTER III : EQUALITYArticle 20. Equality before the lawIt is referred to the commentary under Article 21 <strong>of</strong> the Charter.Article 21. Non-discrimination 275Directives based on Article 13 ECBy 19 July 2003 and 2 December 2003 respectively, the transposition should have beencompleted <strong>of</strong> Directives 2000/43/EC and 2000/78/EC adopted in 2000 on the basis <strong>of</strong> Article13 EC 276 . This transposition process is not complete yet, however. It is therefore too early t<strong>of</strong>ormulate a comprehensive appraisal 277 . On the other hand, the following remarks may bemade on questions <strong>of</strong> interpretation that have been raised by certain provisions <strong>of</strong> theDirectives, which a review might be able to clarify. These remarks have been formulated inthe perspective <strong>of</strong> the reports which the Commission is due to submit at the end <strong>of</strong> 2005,beginning <strong>of</strong> 2006, on their application 278 . At this stage they are purely provisional and need tobe completed in the light <strong>of</strong> the experience subsequently gained in 2004-2005.Protection against victimizationArticle 9 <strong>of</strong> Directive 2000/43/EC and Article 11 <strong>of</strong> Directive 2000/78/EC concern protectionagainst victimization. Although they are formulated in slightly different terms, neither isreally explicit on the extent <strong>of</strong> the protection, ratione personae, which Member States shouldguarantee. Can this protection be limited to the author <strong>of</strong> the complaint, who allegedly275 For the purposes <strong>of</strong> the commentary on this provision, we were unable to take account <strong>of</strong> the Annual Report(Part 2) drawn up by the European Monitoring Centre on Racism and Xenophobia (EUMC): see Racism andXenophobia in the EU Member States: Trends, Developments and Good Practices in 2002, December 2003, 96pages. Nevertheless, it is advisable to consult this document, in particular for its presentation <strong>of</strong> the need to collectstatistical data to allow a better monitoring <strong>of</strong> the effectiveness <strong>of</strong> the fight against discrimination in diverse areas.276 Council Directive 2000/43/EC <strong>of</strong> 29 June 2000 implementing the principle <strong>of</strong> equal treatment between personsirrespective <strong>of</strong> racial or ethnic origin, OJ L 180 <strong>of</strong> 19/7/2000, p. 22; Directive 2000/78/EC <strong>of</strong> 27 November 2000establishing a general framework for equal treatment in employment and occupation, OJ L 303 <strong>of</strong> 2/12/2000, p. 16.277 The object <strong>of</strong> the present report, which exclusively evaluates the activity <strong>of</strong> the Union institutions, is not to<strong>of</strong>fer an assessment <strong>of</strong> the transposition <strong>of</strong> this Directive by the Member States. For a first appraisal <strong>of</strong> the newMember States and the candidate States, see the report Equality, Diversity and Enlargement. Report on measuresto combat discrimination in acceding and candidate countries, DG Employment & Social Affairs (UnitFundamental Rights and Anti-Discrimination), September 2003.278 In accordance with Article 17 <strong>of</strong> Directive 2000/43/EC and Article 19 <strong>of</strong> Directive 2000/78/EC.CFR-CDF.rep.UE.2003.en
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INTRODUCTIONThe work programme 2003
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FUNDAMENTAL RIGHTS IN THE EU IN 200
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SYNTHESIS REPORT IN 20037Article 28
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SYNTHESIS REPORT IN 200311presented
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European CommissionVolume I - Funda
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