The following 10 points are suggestions for concrete steps for authorities in charge of judicial and/or disciplinary investigations. They build on FRA’s research findings and promising practices in Member States.
The low number of investigations into incidents of loss of life and alleged ill-treatment during border management casts a negative light on border management authorities’ operation. This in turn undermines the high professional standards guiding their work.
Efforts to implement more effective investigations should complement preventive action by border management authorities. Such preventive action could include training on fundamental rights, clear instructions on zero tolerance of abusive behaviour and violations of fundamental rights, and measures to enhance transparency (e.g. wearing name or number tags and the use of body cameras) and action to improve the collection and preservation of evidence for trial.
Statutory human rights protection bodies play an important role in monitoring fundamental rights compliance. Subject to mandate and resource considerations, they could establish mechanisms to record testimonies of alleged rights violations during border management, publishing periodic overviews, including trends, and forwarding substantiated cases to the responsible prosecutors.
The following are 10 points to promote prompt and effective national investigations.