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Italian Presidency proposes that officers in plainclothes drive unmarked police cars across the EU to deport migrants

01 August 2003

The Italian Presidency of the Council of the European Union (the 15 EU governments) has
put forward a proposal to: "terminate the illegal residence of third country nationals" by
deporting them overland across the EU until: "the third country national has been finally
removed from the territory of the Member States".

The proposal is for a Council Directive to be adopted that would be binding on member states
(and is accompanied by another binding measure on joint returns by air, see below).As this
comes under the Schengen acquis it is not binding on the UK (or Ireland) but the UK can opt
in during the discussions or at any point in the future - in the past the UK has opted into a
number of repressive EU immigration measures.

The Italian Presidency is proposing that migrants can be deported by land, to their country of
origin or the last "safe" country they passed through, by use of:

"public carriers such as scheduled buses, trains or unmarked police cars"

"Unmarked police cars" could also include police vans. This would either involve a single
vehicle from the deporting state passing through a number of EU states or migrants being
passed over to vehicles from the state of transit.

The "escort personnel" of police officers will not carry guns but:

"shall wear civilian clothes"

They may also use "legitimate" force to:

"deal with a serious immediate so as to prevent the third country national from escaping
or from causing injury to himself [sic] or to others or damage to property"

The police of the "requested state", that is, the state through which the unmarked police car is
travelling, can:

"use any possible legitimate "measure" to prevent or terminate acts of resistance
offered by the third-country national when trying to evade the transit escort"

The "use of direct force against third-country nationals resisting removal orders" in national
legislation "remains unaffected".

Moreover:

"any further measures [can be adopted].. to ensure the continuation of the transit
operation"(Article 7.4)

Further observations:

1. The concept of "carriers" (Article 1.e) covers transport run on a "professional basis" by
private companies such as buses, coaches and trains but here it is extended to cover transport
carried out in an "official capacity" (ie: police cars and vans).

2. The requested EU state, through which the journey takes place, "may" refuse to assist
with transit if the migrant faces the death penalty, torture or inhumane treatment.

3. The minimum notice for the requesting state to give the requested state (ie: the state of
transit) is only 2 days (to which it is meant to reply giving its agreement) but this can be
circumvented if there is in place a bilateral or multilateral agreement to allow deportations
simply by the requesting/deporting state notifying the states through which the expulsion from
the EU will be carried out (Article 4.5)

4. Most significantly there is no direct mention of "voluntary" or "forced" expulsion. It may be
that public transport would normally be used for "voluntary" deportations (though this does not
rule out the use of restraints) and "forced" deportations where the migrant may resist
"removal" by unmarked police cars.

5. Although the Italian EU Presidency is putting the proposal forward it should not be thought
of as an "Italian" initiative. The policy is set out in Article 63.3.b. of the Treaty establishing the
the European Communities agreed at the Amsterdam Summit in 1997 by all EU governments.
It was developed in the agreed Comprehensive Plan to combat illegal immigration on 28
February 2002, in the Council's Plan for the management of external borders on 13 June 2002
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