2022 Serious Incident Reports

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2.1.3. Important findings and recommendations across cases of 2022

While details of individual cases differ, the Fundamental Rights Office reiterated the following findings on multiple occasions in the final conclusions of Serious Incident Reports:

◆ Frontex staff is often allocated/ tasked by host state authorities in a manner seemingly designed to keep them away from locations or situations where fundamental rights violations are reportedly taking place. In addition, the Fundamental Rights Office also noted allegations about Frontex staff’s re-assignment following their reporting of possible Serious Incident Reports. The Office advocates for Frontex officers’ integration in operational activities in a compre- hensive manner that allows for their contribution to border management that is in line with fundamental rights.

◆ Officer’s ability to recognise indications of fundamental rights violations should be strengthened alongside a culture of reporting not only evidence but also suspected cases.

◆ Protection of reporting persons and their possibility of exclusive reporting to the Fundamental Rights Office remains essential.

◆ Whenever Frontex officers and assets are involved in the detection, interception and/or apprehension of migrants whom they subsequently handover to national authorities, Frontex should ensure that strong safeguards are applied by Member States/Third countries, especially in contexts of frequent reports about collective expulsion and/or ill-treatment.

◆ Serious Incident Report enquiries, in particular whenever allegations are substantiated and/or verified, do not diminish the responsibility of Member States/Third countries to carry out independent and thorough investigations. National authorities remain equally obliged to follow up on cases but often fail to do so when allegations concern their officers.