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“I will throw you away like trash back to Lipa” “Palestinian garbage”

The respondents of this testimony are two 22 year old Palestinians that were part of a group of 21 people when violently and illegally pushed back into Bosnia and Herzegovina by Croatian police.The two young men were trying for the 7th time after having been pushed back violently and in different ways during the whole previous month. This time they were part of a group composed majorly by Egyptian minors between 15 and 18 years old, Yemenis, Lebanese and an older Egyptian man. They started their journey by car in Bosnia and crossed by foot into Croatia where they then continued by car. Their phones were all off so to not get tracked, the respondents express a complete loss for orientation.
Approximate location of mountain of the pushback
In a location far off from the Bosnian border and closer to Zagreb, according to the road signs that are being seen by the respondents, Croatian normal police stops all the cars. The two Palestinian men start running away but have no idea where to hide or were to go. They are called from people that are still in the car that invite them to come back, saying that the police is being friendly and promising them that they will take them to a camp and provide them with aid. The two young men do not know where to go and unwillingly go back feeling like they have no other option and trusting the others. Once they rejoin the group and cars, the police officers say that they are their friends and will do them no harm. The officers offer them water and lemonade and water, inviting the people of the group to trust them. The respondents express their lack of trust and refuse. The officers then ask for everyone to hand over their phones and put them all inside a plastic waterproof bag “for protocol reasons”. The group feels intimidated to do so and trusts that they will be brought to a camp. Everyone except the main respondent of this testimony. He refuses and once again expresses his distrust, being also one of the only ones that is able to understand and speak English properly.
Soon after, a police van with two officers in plain clothes arrive and ask everyone to state their country of origin. “Who is Egyptian raise their hands” and so on.
One of the Palestinian young men starts asking for asylum, declaring that it is his right. One of the officers in plain clothes replies with vile tone: ” I will throw you away like garbage back to Lipa”, ” You are Palestinian garbage”. And then referring to everyone else he continues with: “Go back to your Arab countries”. After this, 10 people are loaded in the police van with force and shouting. They sit in the van for an hour with no movement, after which 7 more people are forcibly pushed into the van. They are driven around in the van for 2 hours until they reach a halt at what the respondents then see and describe to be ” the top of a mountain”.
The van door opens and one police officer, still in plain clothes, orders the people to get out 2 by two. Each person that gets off is beaten with a the baton and shouted at and insulted. They are ordered to start walking down the snowy mountain two by two, with a 5 minute gap between each duo and final trio.
Soon after, a police van with two officers in plain clothes arrive and ask everyone to state their country of origin. “Who is Egyptian raise their hands” and so on.
One of the Palestinian young men starts asking for asylum, declaring that it is his right. One of the officers in plain clothes replies with vile tone: ” I will throw you away like garbage back to Lipa”, ” You are Palestinian garbage”. And then referring to everyone else he continues with: “Go back to your Arab countries”. After this, 10 people are loaded in the police van with force and shouting. They sit in the van for an hour with no movement, after which 7 more people are forcibly pushed into the van. They are driven around in the van for 2 hours until they reach a halt at what the respondents then see and describe to be ” the top of a mountain”.
The van door opens and one police officer, still in plain clothes, orders the people to get out 2 by two. Each person that gets off is beaten with a the baton and shouted at and insulted. They are ordered to start walking down the snowy mountain two by two, with a 5 minute gap between each duo and final trio.
None of the respondents have a phone for navigation, except for the young Palestinian men that has no signal and internet. They eventually are able to regroup but realise they can no longer find 3 people. They try to shout and look for them in the limits of what is possible for them but are not able to find them. No one of the group knows the people missing and cannot remember, also due to the high distress of the situation they were forcibly put into. They walk down the mountain in freezing weather conditions for the rest of the Saturday the 3rd of January and the whole of Sunday day and night until they reach a road and eventually a small town in Bosnia. No water and the only food they had access to were the many protein bars that the Palestinian young men share with the group of 14 people, including minors.
Once they reach the small town they find a Bosnian man to give them hotspot for the one phone that they have and call taxis. They wait in the freezing weather for 2 hours and eventually go back to Lipa camp by taxi which is very far and so very expensive for all.
The two young men are physically deteriorated after the beating and the walking in dire weather conditions but what is most agnonising when telling their story is the loss of the three people of whom they have no news. They can only give a approximate location.
After 8 days from the testimony, news about the three people is received! They are okay and took another way back to Lipa alone after having lost their way.
Once they reach the small town they find a Bosnian man to give them hotspot for the one phone that they have and call taxis. They wait in the freezing weather for 2 hours and eventually go back to Lipa camp by taxi which is very far and so very expensive for all.
The two young men are physically deteriorated after the beating and the walking in dire weather conditions but what is most agnonising when telling their story is the loss of the three people of whom they have no news. They can only give a approximate location.
After 8 days from the testimony, news about the three people is received! They are okay and took another way back to Lipa alone after having lost their way.
legal analysis
The recollection of the facts clearly show multiple and severe violations of human rights put into action by the Croatian authorities involved The violations include theft of personal belongings, threatening, denigration and insulting based on racial discrimination and demonstration of power, exposure to extreme temperatures, beating, denial of access to asylum procedure and forced pushback in life-threatening conditions. The articles of the European Convention of Human rights, of which the Croatian state is a part of and should be held accountable for are respectively: Prot.1 Art 1, Article 3 and 13. Furthermore the right to non-refoulment of the Refugee Convention was clearly violated.