MAASTAPOISTETTAVIEN IDENTIFIOIMISEN TEHOSTAMINEN …

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Transcript MAASTAPOISTETTAVIEN IDENTIFIOIMISEN TEHOSTAMINEN …

IDENTIFICATION OF
RETURNEES -PROJECT
(POSID -PROJECT)
SISEKAITSEAKADEEMIAN
15.05.2014
TALLIN
MIKKO SIVOLA
HELSINKI POLICE
CO-FINANCED BY THE EU RETURN FUND
POSID -PROJECT
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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.
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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
Embassy
vs.
National jurisdiction
National 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
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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
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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 -PROJECT
ETHIOPIA
• 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 -PROJECT
NIGERIA
• 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
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Guinea + west African countries
India (undocumented)
Cuba (long process)
Kongo Republic
Eritrea
Pakistan
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Mikko Sivola
Helsinki Police
Finland
+ 358 71 877 0602
[email protected]