IDENTIFICATION OF RETURNEES -PROJECT (POSID -PROJECT) SISEKAITSEAKADEEMIAN TALLIN MIKKO SIVOLA HELSINKI POLICE CO-FINANCED BY THE EU RETURN FUND

2 POSID -PROJECT 1st year nd year rd year – persons 2013 budget euros –EU return fund 75 % –National funding 25%

3 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.

4 POSID -PROJECT Minister of interior Päivi Räsänen in the House of Parliament : ”person was decided to deport 2000 and again 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.

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 5

6 POSID -PROJECT National Sovereignty? Embassy jurisdiction vs. National jurisdiction Embassy National jurisdiction / responsibility for a state to readmit their own nationals. Esim. Ghana, Kongo DR, Cameroon, Afganistan, Ethiopia, Iraq, Iran, Nigeria

7 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?

8 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.

9 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.

10 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.

11 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.

12 POSID -PROJECT EASENING FACTORS 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.

13 POSID -PROJECT AGGRAVATED FACTORS 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.

14 POSID -PROJECT PROBLEMS Biggest problems undocumented persons from Africa, Iraq and Afganistan. With some coutries problems occurs also with documented persons.

15 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.

16 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.

17 POSID -PROJECT ALGERIA Long delays Long identification process. Removal is possible with documents other than Laissez-Passer.

18 POSID -PROJECT BELARUS Embassy Opened in Helsinki Documents directly from the Embassy. Fast process.

19 POSID -PROJECT ETHIOPIA Travel document only for voluntary returnees. Removal is possible with valid passport.

20 POSID -PROJECT IRAN Travel document only for voluntary returnees Local authorities does not co-operate with Finnish MFA. Removal is possible with valid passport.

21 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.

22 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.

23 POSID -PROJECT SOMALILAND Voluntary return with IOM. Not yet forced returns.

24 POSID- PROJECT PROBLEMATIC COUTRIES Guinea + west African countries India (undocumented) Cuba (long process) Kongo Republic Eritrea Pakistan

Mikko Sivola Helsinki Police Finland