COMPETENCE OF THE OMBUDSMAN OVER THE EXTERNAL MONITORING OF FORCED RETURNS also on a European level, of the mechanism of external monitoring. In the context of the FReM programme, throughout 2017, staff training took place from the Ombudsman’s Office in order to exercise control as monitors of returns. Furthermore, two of the Ombudsman’s staff members, who were monitors of returns, assumed responsibility for duties as trainers for new staff in the EU pool of monitors for the European Border Guard- Coastguard (FRONTEX), after the relevant special training. The Ombudsman, under the parallel remit of the National Mechanism for the Prevention of Torture and Inhumane or Degrading Treatment (OPCAT), suggested to the Council of Europe, which is involved in the advisory forum of FRONTEX, that certain acquis of the Return Directive -such as the judicial control of the continuation of detention on the basis of necessity (a strict test of proportionality), the maximum time-limit for detention of 18 months, the obligation of the authorities for due diligence for the realisation of return to end the detention, as well as the reasonable prospect of removal as a legal precondition for detention- be included in the Draft European Rules for the administrative detention of migrants, which was sent to the Independent Authority for commenting. Moreover, on 27.11.2017, the Ombudsman organised, in Athens, a one day conference on the subject “The returns of third country nationals and the Rule of Law” with the participation of judges, police and Government officers, representatives of European and international organisations, counterpart institutions of European countries, as well as representatives of NGOs, and with funding from the European Fund for Asylum, Migration and Integration 2014-2020.3 In this conference, the challenges were discussed but attention was also given to the guarantees for the Rule of Law that the procedure of returns presents and the experience gained by the Ombudsman in the mandate of the external monitoring of returns.  3 https://www.synigoros.gr/?i=stp.en.news.473209 13

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