COMPETENCE OF THE OMBUDSMAN OVER THE EXTERNAL MONITORING OF FORCED RETURNS 1. The competence of the Ombudsman over the external monitoring of forced returns Legal framework The Ombudsman has a special mandate, as a national mechanism, to undertake the external control of the forced returns procedure of third country nationals back to the countries of their origin (EU Directive on Returns 2008/115/EC, article 8, paragraph 6, N. 3907/2011 article 23 paragraph 6). In this context, he undertakes sample controls at all stages of the procedure, following the issuing of the decision for the return of third country nationals, their administrative detention to secure their removal and the execution of the police operation by land, sea or air transport. Upon the Ombudsman’s recommendation, this mandate was fully activated in 2014 with the publication of the Joint Ministerial Decision (JMD), with which the adjustments for the external control of returns are specialized1. The JMD requires a continual flow of information from all the relevant agencies concerned with the forced returns and readmissions. The Ombudsman’s office undertakes control of the legality of actions, omissions and material acts of the competent services, having at its disposal all the institutional tools that are provided in its statute. It carries out on-site inspections with unhindered access to every area of detention, departure or transit through the state. Moreover, it undertakes monitoring, with its staff, who are specially trained for this purpose, as monitors for the operations of executing decisions regarding returns. The Ombudsman directs Reports and recommendations for the improvement of the return procedures to the administration, which itself has an obligation to respond with a reasoned answer. It publicizes its conclusions in a Special Report, which is submitted to Parliament each year. 1 JMD 4000/4/57-ια΄ “Regulation of the organisation and functioning of the system of external monitoring of the procedures of removal of third country nationals” (Official Gazette s.B’ 2870/2014). 11