Recommendations To the European Commission, the European Parliament, and the European Council • • • • • Amend the Frontex Regulation to make explicit, and thereby reinforce, the obligation not to expose migrants and asylum seekers to inhuman and degrading detention conditions. Amend proposed Frontex Regulation Art. 26a to empower the Fundamental Rights Officer to refer Frontex to the Commission for investigation and where appropriate infringement proceedings in the event that the Frontex executive director fails to suspend operations despite persistent and serious violations of the Charter and/or in the event that members states and their agents persistently violate the Charter during Frontex operations. Oblige Frontex to include: a human rights assessment prior to engaging in future operations, including “joint operations” and RABIT deployments; a mechanism for reporting on human rights abuses during operations; and a mandatory human rights review at the close of each operation. Demand Frontex set up investigating and reporting mechanisms for human rights violations during the course of its operations. Determine whether Frontex’s involvement in Evros during the RABIT deployment and continuing with the Poseidon land operation has been compatible with its obligations under the Charter of Fundamental Rights of the European Union. To Participating European States • • • • Suspend any participation in Frontex operations that fail to adhere to binding international human rights standards. Instruct border guards deployed on Frontex missions on the obligations under international law. Ensure that border guards are trained and conversant regarding all rules and standards pertaining to the transfer and treatment of detainees. Set up an anonymous whistle-blower protection system to facilitate self-reporting of Frontex rights violations by member states’ border guards participating in European Border Guard Teams. Do not participate in Frontex or other migration control operations without first independently assessing the human rights record of the EU host country and, where applicable, the human rights records of neighboring states outside the EU that are partners in the operation. 55 HUMAN RIGHTS WATCH | SEPTEMBER 2011