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EU: "BEST PRACTICES" for COERCIVE FINGERPRINTING of MIGRANTS and their DETENTION

26 December 2014

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"for the purpose of fingerprinting [with] the use of a proportionate degree of coercion" including "vulnerable persons, such as minors or pregnant women"

European Commission: Best Practices for upholding the Obligation in the Eurodac Regulation to take fingerprints (LIMITE, doc: DS 1491/14, pdf) "Meeting document" from European Commission. In the attached study it is clear that many EU states do not have laws permitting the use of coercion to take undocumented migrants' fingerprints, the Commission's "Best Practices" however foresees the use of coercion although the study shows that coercion is not allowed by law in 14 Member States. It is only lawful in 7 Member States (Croatia, Austria, Finland, Germany, Poland, Slovakia and the UK). In Italy it not allowed by law but is by courts and in Sweden people are detained.

"The European Commission carried out an EMN enquiry to find out how Member States were dealing with this situation. The results of this enquiry (attached) show that some Member States permit the use of detention for the purpose of fingerprinting some permit the use of a proportionate degree of coercion, while others neither use detention nor coercion....

For as long as a data-subject refuses to cooperate in the initial identification process, including in the taking of his/her fingerprints as required by EU law, it is not possible to conclude whether or not there is a realistic prospect of his/her return being carried out and, as such, detention may be permitted under the terms of the Return Directive...

Member States may consider that it is never appropriate to use coercion to compel the fingerprinting of certain vulnerable persons, such as minors or pregnant women. If some degree of coercion is used for vulnerable persons it must be ensured that the procedure used is specifically adapted to such persons. The use of coercion should always be recorded...."

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