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
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