A report by the European Union Agency for Fundamental Rights (FRA) has revealed systematic shortcomings by states in investigating “life-threatening human rights violations” at the EU’s borders. The FRA has suggested measures intended to enhance the effectiveness of investigations to prevent further instances of mistreatment and loss of life.
The report highlights recent cases adjudicated by the European Court of Human Rights. In these cases, Greece, Croatia, and Hungary were found deficient in their investigations into incidents of ill-treatment and fatalities occurring at border control points. Examples cited include the failure to find and interview victims and witnesses, obstruction of lawyers, and insufficient access to critical evidence such as border surveillance footage. The report points out a significant discrepancy between the low number of investigations carried out and the numerous alleged incidents reported by civil society organizations, noting that affected individuals often fear reprisals and thus avoid reporting these incidents.
This FRA report emerges amidst growing concerns over the migration crisis and follows the recent European Union Pact on Migration and Asylum. Adopted a few months ago, the pact aims to create a more managed approach to arrivals, streamline procedures, and ensure equitable burden-sharing among member states. In July, several international NGOs including Human Rights Watch and Amnesty International called for the EU to safeguard the right to asylum, criticizing the trend of shifting refugee protection responsibilities to non-EU countries.
The FRA has called for specific steps to strengthen both border monitoring and accountability mechanisms. They recommend documenting and publishing testimonies, with pertinent information sent to prosecutorial authorities. Increased transparency is also suggested, with national authorities advised to publish statistics on both disciplinary and criminal investigations. Furthermore, investigations should be independent, fair, and conducted by specialized prosecutorial departments to guarantee impartiality. Guidelines for investigating border abuses should be established, focusing on identifying patterns, shortcomings, and best practices. Authorities should ensure that victims receive adequate representation by involving lawyers or victims’ protection organizations. Finally, investigators are encouraged to use surveillance footage, GPS data, and mobile phone data in their evidence collection efforts to reconstruct events accurately.
The FRA’s Director, Sirpa Rautio, stated: “There are too many allegations of human rights violations at the EU’s borders. Europe has a duty to treat everyone at the borders fairly, respectfully, and in full compliance with human rights law. This calls for effective and rights-compliant border management practices, underpinned by robust and independent investigations into all rights abuse incidents.”
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