During a pushback or incident of violence, ‘papers signed’ refers the the practise of forcing people to sign documents under threat of pushback, physical violence, detention, or using fear. Sometimes these documents contain false of misleading information, such as statements renouncing their intent to claim asylum, or agreeing to ‘voluntary’ return. Recently, we have even received testimonies of the police attempting to force people to sign papers testifying against other people as being ‘smugglers’.
After the fifth day in detention, according to the respondent, the group was forced to sign a document. The respondent states that they did not understand what they were signing, because the document they were made to sign was only in Serbo-Croatian. The respondent states that the police didn’t offer any mean of translation for the document. According to him all the members within the transit group were forced to sign this document to be allowed to leave the cell.
-Respondent in Bihać, 23/12/2023.
Forcing people to sign paperwork in this way is a blatant violation of International Human Rights and Refugee Law. It breaches the principle of informed consent and fails to uphold the right to asylum. It also violates Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 6 of the European Convention on Human Rights (ECHR) guarantee the right to a fair trial and legal process, including the right to understand and challenge any legal actions taken against them. By not providing access to legal representation or proper translation, authorities effectively deny individuals the ability to make informed decisions about their legal status.
When these papers are signed, it can result in peoples’ asylum claims being unfairly rejected, or legal support being denied to them, despite having legitimate claims to protection and a legal right to have their situation considered. Some of these agreements, such as return agreements, can lead to people being deported to places where they are unsafe. Irrespective of the consequences, it is a gross manipulation of bureaucratic structures to enable violence against people on the move.