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They burned his studies cerificate. “You are like animals”, they remarked.
The main respondent is a 29-year-old man from Syria. He reports that on Sunday, September 1st, he was apprehended along with two other individuals in the Croatian village of Slunj and pushed back to Bosnia near Siljkovaca. The group consisted of three men, all from Syria. In Slunj, they were stopped at a bus stop by two police officers in civilian clothing. The officers showed them their badges and asked for their passports, which they did not possess. The officers inquired about their nationality, and after the respondent answered, he clearly stated that he did not want to be sent back to Bosnia. The officers reassured them that they wanted to help, but they needed to go to the police station first.
The respondent and his companions were taken to the police station, walking alongside the officers for about five minutes. Once inside a small room, the respondent asserts that he was beaten for approximately 15 minutes. He was robbed of his mobile phone and 300 euros in cash.Afterward, the officers informed the group that they would be taken to the forest in a police car. The respondent recalls that the two officers who took them into the forest were wearing black masks and, based on his description, they could be identified as members of the EPZ police. In the forest, the officers burned his clothes, as well as those of his friend, including his certificate of studies from Syria. The respondents affirm that the officer threw one of the group members over the fire for 10 seconds. One of the officers remarked, “You are like animals.”Another officer threw the respondent to the ground and began beating him with thick pieces of wood found in the forest, kicking them with reinforced shoes. This lasts for about 15 minutes.The same treatment was inflicted on the other two members of the group. The respondent affirms that one of the officers pointed his gun at the head’s respondent and of his compatriot while laughing. After about 30 minutes of beatings with thick pieces of wood, one of the officers stopped to smoke a cigarette, extinguishing it on the bare sole of the respondent’s foot. Following this, he resumed beating the respondent for another 10 minutes. The respondent described curling up in a foetal position with his eyes closed in an attempt to endure the pain. The respondent affirmed that when the police officers saw the blood coming out caused by the beatings, they stated “We enjoy this sight so that you don’t return here, we hate you.” The respondent praised the officers to leave them and stop beating them, however they replied they would stop when their bodies would break.
Eventually, the police officers threw the respondent and his group into the river at the border and threatened them to return to Bosnia. They walked approximatly for 45 km and then managed to take a taxi that brought them to Lipa camp.
medical analysis
Reporters note that the day after the violence, the respondent was taken to the hospital in Bihac.
legal analysis
Violation of the right to liberty and security of a person and the freedom from arbitrary arrest or detention (Art. 3, 9 UNDHR, Art. 9 and 10 ICCPR, Art. 5 ECHR, Art. 6 EUCFR)
The respondent’s account of the event in the police station -being beaten by the police officers- as well as in the forrest -being insulted, beaten with branches, threatened with a gun, injured with a burning cigarette and pushed into the river by the police- violate the respnden’ts fundamental right of personal security and liberty.
Violation of the prohibition of torture and inhuman or degrading treatment (Art. 5 UDHR, Art. 7 ICCPR, Art. 1, 16 UNCAT, Art. 3 ECHR, Art. 1 and 4 EUCFR)
The acts described constitute inhuman, or degrading treatment which, according to international law, is in no circumstances justified, even not in cases of border enforcement or national security concerns. Police beatings in particular constitute torture where they do not occur over a short period of heightened tension and emotions and where there are aggravating factors, such as seeking a confession or conduct with racist motivation (ECtHR, Egmez v. Cyprus, App no. 30873/96, 2002, § 78). The police violence was inflicted without reasons and for the mere satisfaction of the officers; it lasted more than one hour and the acts thus reach the threshold of torture.
Violation of the right to an effective remedy and right to a fair trial (Art. 2(3), 14 ICCPR, Art. 13 ECHR, Art. 41, 47 ECUFR)
The respondent has a right to an effective remedy before a national authority for the abuse he experienced. The fact that the respondent was not afforded protection from these abuses or an effective legal process and was subsequently pushed back to Bosnia further emphasises the failure of procedural safeguards for his protection.
Moreover, his right to a fair trial has been violated as he did not have the opportunity to challenge his treatment or seek remedy for the abuse through an impartial judicial process. No mention is made of the respondent being able to lodge a complaint or receive compensation for the suffering inflicted upon him.
Violation of the principle of non-refoulement (Art. 13 ICCPR and deriving from Art. 3 ECCHR)
As customary priniple of international law, the prohibiton of non-refoulement states that no one shall be subjected to deportation or expulsion to a country where he may face threats to life, torture, or inhuman or degrading treatment. In this case, the pushback from Croatia to Bosnia could violate this principle given the reports on how the Bosnian authorities are treating People on the Move.
Violation of the protection of property (Art. 17 UNDHR, Art. 1 Protocol 1 ECHR)
The police officers stole the respondent’s phone and 300 € of cash, later they burnt the clothes of the respondent constituting a clear breach of people’s right to property and integrity of their belongings as set forth in Art. 1 Protocol 1 ECHR.
Art. 3 ECHR as well as Art. 1 ICCPR also emphasise state responsibility and prescribe a state’s duty to investigate when such forms of treatment were intentionally inflicted by state agents or public authorities (see also Art. Art. 2, Art. 16 (1) CAT). Similar cases of police beatings have been reported in Croatia proving once more an on-going administrative practice to threaten, intimidate and humiliate People on the Move.
medical analysis
Reporters note that the day after the violence, the respondent was taken to the hospital in Bihac.
legal analysis
Violation of the right to liberty and security of a person and the freedom from arbitrary arrest or detention (Art. 3, 9 UNDHR, Art. 9 and 10 ICCPR, Art. 5 ECHR, Art. 6 EUCFR)
The respondent’s account of the event in the police station -being beaten by the police officers- as well as in the forrest -being insulted, beaten with branches, threatened with a gun, injured with a burning cigarette and pushed into the river by the police- violate the respnden’ts fundamental right of personal security and liberty.
Violation of the prohibition of torture and inhuman or degrading treatment (Art. 5 UDHR, Art. 7 ICCPR, Art. 1, 16 UNCAT, Art. 3 ECHR, Art. 1 and 4 EUCFR)
The acts described constitute inhuman, or degrading treatment which, according to international law, is in no circumstances justified, even not in cases of border enforcement or national security concerns. Police beatings in particular constitute torture where they do not occur over a short period of heightened tension and emotions and where there are aggravating factors, such as seeking a confession or conduct with racist motivation (ECtHR, Egmez v. Cyprus, App no. 30873/96, 2002, § 78). The police violence was inflicted without reasons and for the mere satisfaction of the officers; it lasted more than one hour and the acts thus reach the threshold of torture.
Violation of the right to an effective remedy and right to a fair trial (Art. 2(3), 14 ICCPR, Art. 13 ECHR, Art. 41, 47 ECUFR)
The respondent has a right to an effective remedy before a national authority for the abuse he experienced. The fact that the respondent was not afforded protection from these abuses or an effective legal process and was subsequently pushed back to Bosnia further emphasises the failure of procedural safeguards for his protection.
Moreover, his right to a fair trial has been violated as he did not have the opportunity to challenge his treatment or seek remedy for the abuse through an impartial judicial process. No mention is made of the respondent being able to lodge a complaint or receive compensation for the suffering inflicted upon him.
Violation of the principle of non-refoulement (Art. 13 ICCPR and deriving from Art. 3 ECCHR)
As customary priniple of international law, the prohibiton of non-refoulement states that no one shall be subjected to deportation or expulsion to a country where he may face threats to life, torture, or inhuman or degrading treatment. In this case, the pushback from Croatia to Bosnia could violate this principle given the reports on how the Bosnian authorities are treating People on the Move.
Violation of the protection of property (Art. 17 UNDHR, Art. 1 Protocol 1 ECHR)
The police officers stole the respondent’s phone and 300 € of cash, later they burnt the clothes of the respondent constituting a clear breach of people’s right to property and integrity of their belongings as set forth in Art. 1 Protocol 1 ECHR.
Art. 3 ECHR as well as Art. 1 ICCPR also emphasise state responsibility and prescribe a state’s duty to investigate when such forms of treatment were intentionally inflicted by state agents or public authorities (see also Art. Art. 2, Art. 16 (1) CAT). Similar cases of police beatings have been reported in Croatia proving once more an on-going administrative practice to threaten, intimidate and humiliate People on the Move.
overview
3 people ,
from Syria,
aged 31, 35, and 29.