Scenarios of Fundamental Rights Violations at the Borders: Guidance for Border Guards on Dos and Don'ts

By European Border and Coast Guard Agency (Frontex)

The following scenarios are based mainly on Serious Incidents Reports received by the Frontex' Fundamental Rights Office, concerning violations that allegedly took place at border areas where the Agency is operating. All cases refer to situations where third country nationals are under the jurisdiction of the authorities of the host state participating in a joint activity. In 2022-23, the Fundamental Rights Office launched approximately 100 Serious Incident Reports related to fundamental rights, matching the scenarios outlined below. This indicates that they represent potential violations of a widespread nature. Outlined scenarios, regardless of the direct or indirect involvement of Frontex staff and/or assets, may negatively impact the Agency and have potential legal implications, including for the broader European Border and Coast Guard community and respective national authorities. Active involvement by participants in joint activities in practices presented below, such as collective expulsions, amounts to a violation of EU and international law as well as a breach of the Frontex Code of Conduct. To ensure Frontex' full compliance with fundamental rights, it is necessary that the Agency makes clear to all operational participants that practices and policies as the ones described below are in violation of EU and international law and may result in Frontex' disengagement, triggering of Article 46 of the European Border and Coast Guard Regulation, or other forms of administrative, financial and operational consequences. Frontex' Fundamental Rights Office recognises that similar cases often form part of broader systemic issues, identified through its monitoring. The Office is mandated to provide recommendations to the Agency, relevant also for national authorities. The following scenarios are complementary to these efforts and aim to provide basic guidance for officers deployed at the borders as well as other staff tasked with related duties. Seven different scenarios of fundamental rights violations are briefly presented. While presented scenarios have been developed on the basis of most frequently alleged violations, it is important to note that this is a non-exhaustive list. While this document includes basic references to violated rights, it is not intended to be a legal analysis. Outside of the official border crossing point. based on real-life Serious Incident Reports (SIR) Category 1, and includes a list of potentially violated rights. The last section of the document outlines "dos" and "don'ts" for border guards in case of witnessing or learning about similar cases in the performance of their duties.

Warsaw • Poland : European Border and Coast Guard Agency (Frontex), 2024 . 16p