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In some Member States, for example Austria, Cyprus, Germany and Malta, monitoring findings are discussed with the return-enforcing authorities. In other countries – such as Latvia, Luxembourg, the Netherlands, Spain and Sweden – exchange on the findings is limited to correspondence in writing.
The main findings by monitoring bodies concern the use of coercive measures, which should be based on individual risk assessments and not be an arbitrary preventive measure. Cyprus, France, Greece and Portugal reported positive developments on the use of restraints following monitoring reports and recommendations to the authorities. The CPT, in its report on a return flight from Germany to Pakistan, recommended that the German authorities refrain from systematically applying means of restraint.
While the information provided by the authorities to the monitoring body ahead of the return is increasingly considered adequate, monitoring bodies in Cyprus, Finland and Italy reported to FRA that timeliness could be further improved.
Gaps in the notification of return decisions emerged in Lithuania. In Greece, the Ombudsman highlighted the need to inform foreigners promptly about the removal. After monitoring a Frontex-coordinated charter flight from Germany to Pakistan, the CPT recommended that the authorities inform the returnees about the Frontex complaints mechanism.
FRA asked if any forced returns of unaccompanied children were monitored in 2023. Only France monitored the return of unaccompanied children by boat from Mayotte to the Comoros. Latvia indicated having monitored forced returns of children to Vietnam in the past but not in 2023.
Follow-up to the monitoring entities’ recommendations remains mixed. Progress occurred in Lithuania, concerning the proposal to issue fit-to-fly certificates prior to return operations, and in Slovakia, where there has been an overall improvement of the conditions during return operations. Hungary reported no follow-up to its recommendations on coercive measures. Italy reported that the authorities acknowledged the need for language mediators but made no follow-up or change in practice.
Following the Council of Europe’s Twenty guidelines on forced returns, Member States should ensure that at least one escort is of the same sex as that of the returnee, to provide a gender-sensitive handling of returns. However, this policy is not yet fully implemented in practice, when selecting escort officers and medical staff accompanying the returnee.