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Behaviour of the Croatian police was worse than all the police in the countries we passed through

“I am 25 years old. I came all the way from Afghanistan through irregular migration with my three underage sisters and two underage brothers — we are six in total. I honestly thought maybe the police in Turkey, or in Serbia, Greece, or North Macedonia might be very harsh, but I never expected this from Croatia, a European country and a member of the Schengen Area. Their behavior was worse than all the police in the countries we passed through. By nature, we are already unfortunate people. We have already suffered a lot. Since I started this journey, I have had to be a father, a mother, and a friend to my sisters and brothers. When a child sees the police, they should feel safe — not fear, stress, and nightmares.”
The respondent describes: “In this cold weather, when a migrant has only one bag with warm and dry clothes, and the police take it… when they take the money that could be used for food, a bus ticket, or a taxi… when they take the phone that could be used to contact family or even to call for help in an emergency — what is left? And when underage girls are searched by a male police officer, does that officer understand that such a body search can become a lifelong nightmare for that girl? Even in Turkey or in countries like Iran that we crossed, the police never took a migrant’s money or phone. I don’t want to say that all Croatian police are like this — I am only speaking about what I experienced. But how can police officers from a European Schengen country treat underage children like this?”
The respondent describes that the officers insulted the group – demanding that they should quickly go back to Bosnia, and firing shots to scare the group. Then, the officers forced them into their three vehicles, one of which was a Toyota and the other two were minibuses.
legal analysis
Children are especially vulnerable and at risk of being abused or exploited (ECtHR, S.F. and Others v. Bulgaria, App no. 8138/16, 2017, § 79). The rights of minors are thus additionally safeguarded by the Convention on the Rights of the Child (CRC) as well as by specific articles of the treaties (e.g. Art. 24 EUCFR). Pushbacks are never within the best interests of the child. Whilst all pushbacks are informal and therefore an inherent violation of the principle of non-refoulement, the pushback of children in particular further violations the CRC.
In particular, the degrading treatment and strip searching of all the group, including minors, suggests a violation of the prohibition of inhuman and degrading treatment (Art. 5 UDHR, Art. 7 ICCPR, Art. 1 UNCAT, Art. 3 ECHR, Art. 1 and 4 EUCFR). The use of strip-searching appears neither necessary nor proportional, and was not conducted as a last resort measure nor with the appropriate concern for dignity.