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ANNUAL REPORT 2013 - Romania ANNUAL REPORT 2013 - Romania Authors: Silvia-Antoaneta Berbec (Ch. 1, 2, 9.3 and 9.5) Ágnes Csonta (Ch. 3) Mihaela Manole (Ch. 4) Iustina Ionescu (Ch. 5, 6 and 9.4) Delia Niţă (Ch. 7 and 10) Adela Dumbrăvan (Ch. 8, 9.1 and 9.2) Georgiana Fusu Plăiaşu (Ch. 11) Senior Expert: Lucian Bojin National Focal Point: Centre for Legal Resources The collection of data and information contained in this report were commissioned in 2013 by the European Union Agency for Fundamental Rights as background material for the Agency’s comparative analysis that feeds into its annual report. All opinions and views expressed in this report are those of the authors and do not represent in any way the official position of the FRA. The FRA Annual report: Fundamental rights: challenges and achievements in 2013 is available online at: www.fra.europa.eu 1 1 ASYLUM, IMMIGRATION AND INTEGRATION 1.1 Monitoring of forced returns The 2011 amendments1 to the Aliens Act2 provided that national and international organizations and entities in the field of migration will have the possibility of monitoring the removal of aliens from the national territory.3 The general legal provisions in the field specify the categories of aliens who can be placed in public custody (administrative detention) until their removal from the territory4, what is the maximum period of public custody as well as the conditions for judicial control of the public custody measure,5 the requirements for granting a temporary permission to remain in Romania (known as toleration),6 and the rights of aliens in public custody.7 The monitoring system of forced returns established in 2011 by the NGO Romanian National Council for Refugees (NRCR) (Consiliul Naţional Român pentru Refugiaţi, CNRR) continued under the project “Improving the implementation and monitoring of forced returns“ until June 2013. The project was financed by the European Commission’s Return Fund, 2011 Annual Program. During this project’s implementation the organization provided legal counseling and assistance, as well as material, psychological and medical support to migrants in public custody and monitored the forced return operations. Starting with August 2013 CNRR will continue until June 2014 to monitor forced returns under escort as a result of a new project “ Assistance for migrants forcefully returned under escort” financed by the European Commission’s Return Fund, 2012 Annual Program.8 As in the case of the previous project, the organization will provide legal counseling, material assistance and will monitor forced returns under escort operations. Comparing with the project “Improving the implementation and monitoring of forced returns” when total amount of budget was of 870.638 Romanian Lei the equivalent of 194.882,59 Euro ( EC contribution 1 Romania, Law no. 157/2001 regarding the modification of several laws relating to the regime of foreigners in Romania (Legea nr. 157/2011 pentru modificarea si completarea unor acte normative privind regimul strainilor in Romania), 11 July 2011. 2 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002 3 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002, Article 91 paragraph 6. 4 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002, Article 97. 5 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002, Article 97. 6 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002, Article 103. 7 Romania, Government Emergency Ordinance no. 194/2002 regarding the aliens’ regime in Romania, (Ordonanţa de urgenţă a Guvernului nr. 194 din 12 decembrie 2002 privind regimul străinilor în România), 12 December 2002, Article 99-100. 8 Romania, General Inspectorate for Immigration (Inspectoratul General pentru Imigrari), Projects ongoing and implemented by beneficiaries financed from the European Return Fund Annual Program 2012 (Proiecte in derulare si implementate de beneficiari finantate din Fondul European pentru Returnare Programul Anual 2012) available at http://ori.mai.gov.ro/detalii/pagina/ro/Fondul-European-de-Returnare/183. 2 75%, 652.987,50 Romanian Lei, the equivalent of 146.161,94 Euro calculated at infoeuro exchange rate from the month in which project started to be implemented, June 2012) for the new project “Assistance for migrants forced returned under escort” the total budget is slightly lower 808.296,19 Romanian Lei, the equivalent of 184.172,48 Euro ( EC contribution 75%, 606.222,14 Romanian Lei, the equivalent of 138.129,36 Euro calculated at infoeuro exchange rate from the month in which project started to be implemented, August 2013). The information presented in the table bellow was obtained from the Romanian National Council for Refugees an NGO which is tasked with return monitoring. Unitil June 2013 the NGP implemented the project “Improving the implementation and monitoring of forced returns” and in August 2013 started a new project “Assistance for migrants forced returned under escort” until June 2014 both financed through the European Return Fund.9 1. Organisation appointed 1.1 Which is/are the national organisation(s) Romanian National Council for Refugees tasked with return monitoring? (Consiliul National Roman Pentru Refugiati) 1.2. Indicate the legal basis in domestic law Emergency Ordinance no. 194/ 2002 on the and provide the link. status of aliens in Romania, article 91, par 6, added by Law 157/2011 for the modification and completion of certain legal norms regarding the regime of aliens in Romania, Article I, point 127.10 2. Monitoring of removals 2.1 Has the organisation (indicated under No. The NGO’s staff was involved just in 1.1 above) accompanied actual removals by monitoring of 55 return actions of migrants being on the aircraft or vessel in 2013? held in public custody or removed in 24 hours from the discovery moment of their illegal stay. The staff did not accompany actual removals. Origin countries of the returned migrants were Morroco, Tunisia, Algeria, Pakistan, Nigeria, Republic Moldova, China, India, Afghanistan. 2.2 If yes, how often and to which N/A destinations? 2.3 Did it include Frontex-coordinated N/A returns? 2.4 If the reply to question 2.3 is yes, how N/A many and to which destinations? 2.5 Briefly describe which standards the ONLY UPDATE THIS FIELD IF THERE monitor compares his/her observation with HAVE BEEN CHANGES IN 2013 (indicate if tools, such as guidelines or From the information gathered no changes 9 Letter no. 1019 of 13 January 2014 from Romanian National Council for Refugees to the Centre for Legal Resources, on file with the NFP. 10 Romania, Law 157/2011 for the modification and completion of certain legal norms regarding the regime of aliens in Romania (Legea 157 din 11 iulie 2011 pentru modificarea şi completarea unor acte normative privind regimul străinilor în România), available at http://www.lege-online.ro/lr-LEGE-157-2011-%28130383%29.html. 3 checklists, exist) were registered in 2013 3. Funding 3.1 Was the monitoring of forced return co- Yes funded by the European Return Fund in 2013? 3.2 If yes, what portion (% and amount in For the project”Improving the EUR and local currency) was covered by implementation and monitoring of forced EU funding? returns” implemented between 29.06.2012 – 30.06. 2013 the proportion covered by EU funding was of 75% (652.987,50 RON, 146.163,96 EUR) For the project „Assistance for forced returned migrants under escort” that is implemeted between 27.08.2013 – 30.06.2014 the proportion covered by EU funding is of 75% (606.222,14 RON, 138.129,36 EUR)11 4. Reporting 4.1. Has the monitor issued public reports? It is estimated that until the end of the projects the National Romanian Council for Refugees will finish to elaborate a summary report regarding monitoring of forced returns which will be published on the NGO’s website. 4.2. If yes, briefly describe the key issues N/A raised and provide a link to the document. 5. Any other comments 5.1. Include here any other comments on - monitoring on forced returns that occurred in 2013 that you may have. According with the information provided by the Romanian General Inspectorate for Immigration (RGII) (Inspectoratul General pentru Imigrări, IGI)12 this institution was involved during 2013 in 3 Frontex- coordinated return flights. With this occasion 4 people (2 Nigerians and 2 Pakistanis) were returned to their origin countries Nigeria and Pakistan. 11 Romania, General Inspectorate for Immigration (Inspectoratul General pentru Imigrari), Projects ongoing and implemented by beneficiaries financed by the European Return Fund Annual Program 2012 ( Proiecte in derulare si implementate de beneficiari finantate din Fondul European pentru Returnare Programul Anual 2012) available at http://ori.mai.gov.ro/detalii/pagina/ro/Fondul-European-de-Returnare/183. 12Letter no. 2594615 of 8 January 2014 of General Inspectorate for Immigration to the Centre for Legal Resources, on file with the NFP. 4 1.2 Immigration detention and alternatives to detention Provide the urls where official statistical data on immigration detention and on the use of alternatives to detention are provided. Include a brief explanatory note clarifying what can be found where.
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