up a “code of conduct” to guarantee respect of fundamental rights with particular focus on unaccompanied children and vulnerable persons,24 and by directing that: In accordance with Union and international law, no person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be addressed in accordance with Union and international law.25 The code of conduct does not, however, address the consequences of non-compliance with the code, leaving an accountability gap. As an EU agency, Frontex is bound by the Charter of Fundamental Rights of the European Union, including Article 1, providing that “Human dignity is inviolable. It must be respected and protected;” Article 4, providing that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment;” and Article 18, providing that “the right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.”26 As early as the drafting of the Frontex Regulation, some predicted that the creation of a common border control agency would be problematic if it did not include proper European standards on protection as well. Thus, for example, Christian Ulrik von Boetticher, rapporteur for The European Parliament’s Committee on Citizens’ Freedoms and Rights, commented during the drafting process that “it is premature to set up such an operational structure without harmonized standards on for example the definition of the refugee.”27 But for the EU, “harmonized” enforcement preceded “harmonized” protection. 24 Proposed amendment 2a to Frontex Regulation. 25 Proposed amendment 2.1b to Frontex Regulation. 26 Charter of the Fundamental Rights of the European Union, (2000/C 364/01), December 18, 2000, http://www.europarl.europa.eu/charter/pdf/text_en.pdf (accessed April 25, 2011). 27 See Report on the Proposal for a Council Regulation Establishing a European Agency for the Management of Operational Co-operation at the External Borders (COM(2003) 687 - C5-0613/2003 – 2003/0273(CNS)), February 24, 2004, http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A5-2004-0093+0+DOC+XML+V0//EN (accessed April 3, 2011), p. 31. 15 HUMAN RIGHTS WATCH | SEPTEMBER 2011