IDENTIFICATION OF RETURNEES -PROJECT(POSID -PROJECT)

SISEKAITSEAKADEEMIAN15.05.2014TALLINMIKKO SIVOLAHELSINKI POLICE

CO-FINANCED BY THE EU RETURN FUND

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POSID -PROJECT

• 1st year 1.1.2012 - 31.12.2012• 2nd year 1.1.2013 - 31.12.2013• 3rd year 1.1.2014 - 31.12.2014• 1.1.2014 – 31.12.2014 3 persons • 2013 budget 260 000 euros

– EU return fund 75 % – National funding 25%

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POSID -PROJECT TARGET GROUP

• Those third country citizens who does not or does not longer fullfill the requirements of legall residence in Finland and has been decided to be removed from Finland.

• 80 % of asylum seekers arrives to Finland without travel or other documents. Situation is better with persons under order of expulsion.

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POSID -PROJECT

Minister of interior Päivi Räsänen in the House of Parliament 11.10.2012: ”person was decided to deport 2000 and again 2009.

- Mr Zyskowicz, ”all we need is two strong policemen to take him back to Vietnam after he is released from the prison”.

- ”We have had similar problems with Iraq and Somalia. Irakin ja Somalian kanssa. Those countiries refuse to take back their own citizens” added Mrs. Räsänen.

POSID -PROJECT National Sovereignty?

• "Immigration Authorities in Cuba have decided the non-acceptance of the deportation of the citizen XXXXXX passport number xxxx taking in to account that the whole family of the aforementioned citizen is living in Finland, including his children"

• Cuba vs. International law and national law

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POSID -PROJECT National Sovereignty?

Embassy jurisdiction vs. National jurisdiction

EmbassyNational jurisdiction / responsibility for a state to readmit their own nationals.

Esim. Ghana, Kongo DR, Cameroon,

Afganistan, Ethiopia, Iraq, Iran, Nigeria

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POSID -PROJECT IDENTIFICATION – PART OF REMOVAL PROCESS

• Effective and credible repatriation system is the most effective way to prevent illegal immigration.

• Identification is a solid part of the deportation process. Deportation process is vital componet of the licence system. Credibility of the process, if above-mentioned issues failes?

• Most of the destination countries requires Passport or Travel Document issued by the Embassy to readmit the person back to the county of origin. Not about mischief!

• Without required documents or the acceptance from the local authorities, deportation to many countries will not succeed. Without identification > failed removals, increasing delays on removals, increasing expenses of residence etc. Pulling factor?

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POSID -PROJECT AIMS OF IDENTIFICATION

• The aim is to establish the nationality of the returnee and obtain a travel document to enable persons repatriation.

• Once the nationality has been established, country of origin has a responsibility to readmit the person. Responsibility is based on International customary law.

• Responsibility does not depend on the fact that whether the person returns voluntarily or by force.

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POSID -PROJECT OBJECTIVES

• To intensify and execute the identification in different ways. To intensify the process of obtaining travel documents > decrease the delays of removals > to intensify enforcement of the removals.

• Common procedures working with the embassyes.

• Practical relations between the Embassy and the Police.

• To chart the persons ordered to be removed. To standardize the coordination.

• Similar way of work for all police officers.

• To develop new working methods for identification.

• Information sharing, statistics etc.

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POSID -PROJECT FUNCTIONAL TARGETS

• Establish and develop direct contacts with foreign Embassyes abroad and in Finland. Create different working methods. Active interaction between the Embassy and the Police.

• Establih contacts with authorities responsible for entry in the destination countries to ease the removals etc.

• Development of the co-operation with the Finnish Embassyes abroad relating to issues of identification.

• Development of the co-operation with different authorities in different member states.

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POSID -PROJECT WORKING METHODS

• Visits to the Embassyes in Finland and abroad.• Identification visits to Finland by the representatives

of the Embassyes. The most effective way to execute the interviews and identification.

• Interviews by telephone. • Contact visits to third countries.• Occasional contacts with third coutry representatives.• Visits of third country delegations to Finland (NIS).• Identification using the video online system.

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POSID -PROJECT EASENING FACTORS

• Readmission agreements (EU level or bilateral).

• Active Embassy.

• Personal relations with the Embassy.

• Document / copy confirming the nationality.

• Registers (population etc.) in the destination coutries.

• Attitude of the returnee .

• Living conditions in the destination country.

• Etc.

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POSID -PROJECT AGGRAVATED FACTORS

• Lack of documents.

• Passive returnee.

• Passive Embassy.

• Bad living conditions (human rights etc.).

• No agreements on returns or cooperation.

• Lack of knowledge regarding the country.

• Lack of the own Embassy in the destination country.

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POSID -PROJECT PROBLEMS

• Biggest problems undocumented persons from Africa, Iraq and Afganistan.

• With some coutries problems occurs also with documented persons.

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POSID -PROJECT ESSENTIAL COUNTRIES

• Difficult destination countries (long delayes): Afganistan, Ethiopia, Iraq, Iran, Nigeria.

• Focus to countries, with big amount of returnees (e.g Nigeria, Iraq, Afganistan, Belarus, Sri Lanka, Russia).

• Frontex -JRO destination countries: Nigeria, Serbia etc.

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POSID -PJOJECT AFGHANISTAN

• Travel document only for voluntary returnees

• Removal is possible with valid passport.

• Some countries repatriates with EU Standard Travel Document with supporting documents.

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POSID -PROJECT ALGERIA

• Long delays

• Long identification process.

• Removal is possible with documents other than Laissez-Passer.

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POSID -PROJECT BELARUS

• Embassy Opened in Helsinki 2012.

• Documents directly from the Embassy.

• Fast process.

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POSID -PROJECTETHIOPIA

• Travel document only for voluntary returnees.

• Removal is possible with valid passport.

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POSID -PROJECT IRAN

• Travel document only for voluntary returnees

• Local authorities does not co-operate with Finnish MFA.

• Removal is possible with valid passport.

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POSID -PROJECT IRAQ

• Travel document only for voluntary returnees.

• Consul is not allowed to meet returnees without proof of their nationality.

• Removal is possible with valid passport.

• Kurdistan Regional Government (KRG) accepts criminals to be deported to Erbil.

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POSID -PROJECTNIGERIA

• Problems with the working methods of the Embassy

• Communication problems

• Ambassador protects strongly the rights of migrants

• Example of the influence of the change of the personel.

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POSID -PROJECT SOMALILAND

• Voluntary return with IOM.

• Not yet forced returns.

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POSID- PROJECT PROBLEMATIC COUTRIES

• Guinea + west African countries

• India (undocumented)

• Cuba (long process)

• Kongo Republic

• Eritrea

• Pakistan

Mikko SivolaHelsinki PoliceFinland+ 358 71 877 0602mikko.sivola@poliisi.fi