Croatian police are forcing those seeking asylum in Croatia [HRW backgrounder] back to Serbia in violation of EU policy, Human Rights Watch (HRW) [advocacy website] reported [press release] on Friday. According to those interviewed by HRW, after being detained by Croatian officials they were denied the right to lodge based on the need for asylum. Some were assaulted and their personal belongings were confiscated. In one report a man describes that after he and his friends filed an asylum claim at a police station they were falsely told they would be transferred to a refugee camp only to be brought to the Serbian border, beaten, mocked, robbed and forced back across the border. HRW wrote to Croatia’s Interior Ministry on December 20 informing officials of reports of abuses but have yet to receive a response. “The summary return of asylum seekers without consideration of their protection needs is contrary to EU asylum law, the EU charter of fundamental rights, and the international Refugee Convention.” The UN Office of the High Commissioner for Refugees’ guidance [text, PDF] is that Serbia should not be considered a safe country for asylum seekers and therefore they should not be returned there due to Serbia’s failure to protect their rights as specified in the Refugee Convention [text, PDF] and provide effective remedies as mandated by the European Convention on Human Rights [text, PDF]. HRW ask the European Commission to order Croatian authorities to stop returning asylum seekers to Serbia and investigate the violence associated with prior returns.

The rights of migrant populations has emerged as one of the most significant humanitarian issues around the world, as millions seek asylum from conflict nations. Ahead of the UN Summit for Refugees and Migrants in September, UN experts urged [JURIST report] states to protect women and girls in the movement of refugees and migrants by adhering to international human rights conventions and standards. That same month, HRW and Amnesty International (AI) [advocacy website] said that the draft of the final outcome document for the UN summit on refugees fell short of dealing with the issue effectively [JURIST report]. According to the rights groups, the UN is missing an opportunity by not proposing anything of substance. Austrian Interior Minister Wolfgang Sobotka said [JURIST report] earlier that month that Austria will take Hungary to the International Court of Justice if Hungary does not begin accepting returning migrants that crossed into Austria from Hungary. In August the UN High Commissioner for Human Rights Zeid Ra’ad al Hussein [official profile] expressed concern [JURIST report] over Bulgaria’s criminalization of migrants leaving and entering the country. This month, the European Commission [official website] labeled [JURIST report] the conditions on Greek Islands for asylum seekers as “untenable” due to heavy snowfall in the region.