EU: Expulsion: policy and practice
01 May 1999
Legitimate force for expulsion of aliens
In the light of recent deaths during forced deportations from EU member states, the question of restraint measures during expulsion is now being discussed by the EU. Although the use of restraint and methods employed are governed by national laws and implemented by local security forces, in many deportations there are no direct air links between the expelling state and the country of destination. In these cases, expulsions are carried out via transit countries, with the deportee accompanied by "escorts" (immigration officials from the sending country) whose powers of restraint are limited to a right of self-defence in airports (the flight captain has absolute authority on board the aircraft). "The fact that accompanying officials depend wholly on the active support of those with local jurisdiction", said a December 1998 German presidency background note, "is an incentive to the persons being expelled to take advantage of the situation and use violence to break free".
The first draft of a Joint Action obliging EU member states to give mutual assistance in transit situations during expulsions by air was tabled in April. The EU hopes that once the measure is adopted, similar agreements can be negotiated with third countries. Article 4 of the proposed measure, stipulates that, on accepting a "request for transit":
1. The requested Contracting State shall, in accordance with its national law, afford all assistance necessary to effect the departure of the third-country alien, in particular:
(1) meeting the third-country alien at the aircraft and escorting him on the territory of the transit airport, in particular to his connecting flight;
(2) placing the third-country alien in an enclosed transit area or, if necessary, in a detention room;
(3) using legitimate force to prevent or end any attempt by the third-country alien to resist transit, for the protection of bystanders and the requesting Contracting State;
(4) providing emergency medical care to the third-country alien and his escort, to the extent required for the purposes of transit"
The provisions are under discussion by the EU's Migration (Expulsion) Working Party. Various measures relating to expulsion are being considered by EU groups, including group deportations by charter flight, best practice guidelines and a range of readmission questions.
Assistance in cases of transit for the purposes of expulsion by air, incoming Presidency to Migration Working Party (Expulsion), ref: 14348/98, Limite, ASIM 261 MIGR 32, 21.12.1999; Assistance in cases of transit for the purposes of expulsion by air, Presidency to Migration Working Party (Expulsion), ref: 7264/99, Limite MIGR 19, 12.4.1999.
SWITZERLAND
Death during deportation
On 3 March, 27-year old Palestinian Khaled Abuzarifeh died in a lift in a building of the Swiss "deportation" airport in Kloten. According to doctors he was gagged, which led to a panic attack, vomiting and death by suffocation.
Since Khaled Abuzarifeh's death, the Swiss police have started to put a small tube through the tape and mouth in order to avert suffocation. The police monitoring group augenauf has initiated legal proceedings against the Zurich Cantonal Minister for police matters, Rita Fuhrer, and unknown police officers. The charges also concern the case of Lukombo Lombesi Joao whose arms and legs were bound during deportation and only loosened once during the several hours long flight on 9 May. Long term binding can lead to serious injuries and Lukombo had to undergo medical treatment after the failed deportation attempt. The case became prominent after the deporting officers were attacked at a transit stop in Yaounde, Cameroon; the deportee injured a policeman during the incident and the three officers and Joao returned to Switzerland. According to augenauf however, no charges were brought against him. The General Secretary for social matters<