ZA NOTRANJE ZADEVE
REPUBLIKE SLOVENIJE
Dragutin Mate l.r.
ZA MINISTRSTVO
ZA NOTRANJE ZADEVE
REPUBLIKE HRVAŠKE
Marijan Mlinarić l.r.
Naziv policijske enote:
Številka:
Datum:
ZAPISNIK
o izročitvi in sprejemu oseb po skrajšanem postopku na podlagi tretjega in
četrtega odstavka 2. člena Sporazuma med Vlado Republike Slovenije in Vlado
Republike Hrvaške o izročitvi in sprejemu oseb, katerih vstop ali prebivanje
je nezakonito
Dne … ob … uri je (sta/so) bila (i/e) na mejnem prehodu … izročena (i/e)
naslednja (i/e) oseba (i/e):
I. PODATKI O OSEBAH
1. Priimek:
Ime:
Drugo ime:
Datum in kraj
rojstva:
Državljanstvo:
Predmeti in denarna sredstva, ki jih ima oseba pri sebi:
Druge osebe (podatki kot pod št. 1):
Policijska enota … je navedeno (i/e) osebo (i/e) prijela dne … ob … uri v/na
… zaradi nezakonitega prestopa državne meje.
II. PODATKI O NEZAKONITEM PRESTOPU DRŽAVNE MEJE
1. Datum:
2. Čas:
3. Način:
4. Kraj:
5. Dokazi:
III. IZROČITEV – PREVZEM
1. Osebe pod zaporednimi številkami … so prevzete, osebe pod zaporednimi
številkami … niso prevzete.
2. Razlog odklonitve prevzema:
Posebne ugotovitve med prevzemom (poškodbe, odkriti novi dokazi, …):
IZROČIL PREVZEL
(ime in priimek ter podpis): (ime in priimek ter podpis):
Pursuant to Article 18 of the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia on the Readmission of Persons whose Entry or Residence is Illegal, signed on 10 June 2005 at brioni (hereinafter referred to as the Agreement), the Ministry of the Interior of the Republic of Slovenia and the Ministry of the Interior of the Republic of Croatia (hereinafter referred to as the Signatories) have agreed the following in relation to implementation of the Agreement:
I. READMISSION OF NATIONALS OF THE CONTRACTING PARTIES
Article 1
(Proving Nationality)
(1) For the requirements of the Agreement, the nationality of a person shall be proved by means of one of the following valid public documents:
a) for the Republic of Slovenia:
– passport;
– identity card;
– seafarer’s card;
– certificate of nationality together with another valid public document bearing a photograph.
b) for the Republic of Croatia:
– passport;
– identity card;
– military identity card;
– seafarer’s card;
– certificate of nationality together with another valid public document bearing a photograph.
(2) The competent authority of the requested Signatory shall acknowledge the nationality of a person on the basis of submission of the above public documents; no further establishment of nationality shall be required.
Article 2
(Presumption of Nationality)
(1) Nationality may be presumed on the basis of the following:
a) photocopies of the documents listed in Article 1 of the Protocol;
b) documents listed in Article 1 of the Protocol whose period of validity has expired;
c) a birth certificate or a photocopy thereof;
d) a driving licence or a photocopy thereof;
e) any document issued by state authorities;
f) any document that proves membership of the military or the police force of a Contracting Party;
g) a statement from the person in question or from a trustworthy witness entered in the official records;
h) a comparison of fingerprints entered in the records of the other Contracting Party.
(2) Nationality shall be deemed to have been established if in the above cases the requested Signatory so confirms it.
Article 3
(Readmission Procedure)
(1) The readmission of persons whose nationality has been proved or presumed shall be carried out without any formalities. Written notification shall be sent to the competent police directorate in the area to which the person is to be returned. This notification must contain at least the following elements:
a) personal data (name and surname, date and place of birth, address of last residence in the state of the requested Contracting Party);
b) a list of personal and other documents that the person has with him/her;
c) the border crossing point at which the person will be returned and readmitted, and the time of readmission.
(2) If the person requires medical care, the requesting Signatory shall also submit a description of the person's state of health, including photocopies of healthcare certificates and information regarding requirements for special treatment, such as health or other care, supervision or ambulance transport.
II. READMISSION OF THIRD COUNTRY NATIONALS
OR STATELESS PERSONS
Article 4
(Proving Residence in or Transit across the National Territory of a Contracting Party)
(1) The entry, residence or travel across the national territory of the requested Contracting Party of a third country national or a stateless person may be proved by means of one of the following documents:
a) an entry or exit stamp and other marks of an authority of the requested Contracting Party entered in a passport or other identity documents;
b) an entry stamp from an authority of the requested Contracting Party entered in a counterfeit passport;
c) a valid residence permit;
d) a valid visa issued by an authority of the requested Contracting Party (except airport transit visa);
e) personal documents issued by state authorities of the requested Contracting Party, or photocopies thereof;
f) used travel tickets that bear the name of the person in question and that may prove the entry of a person into the national territory of the requested Contracting Party.
(2) The above documents shall serve as direct proof of residence in or of transit across the national territory of the Contracting Parties; proof to the contrary is possible.
Article 5
(Presuming Residence in or Transit across the National Territory of a Contracting Party)
(1) The entry, residence or travel across the national territory of the requested Contracting Party of a national of a third country or a stateless person may also be presumed on the basis of the following indirect proof:
a) a residence permit issued by an authority of the requested Contracting Party whose period of validity expired less than 12 months previously;
b) a visa whose period of validity expired less than six months previously;
c) official documents of authorities and institutions of the requested Contracting Party issued to the person during his residence in or transit across the national territory of that Contracting Party;
d) photocopies of any of the documents from Article 4 of this Protocol;
e) tickets allowing access to public premises;
f) travel tickets;
g) personalised hotel receipts;
h) currency exchange receipts;
i) statements written in the person's own hand or statements entered in official notes which the person has made to authorities of the requesting Contracting Party and which can be verified;
j) statements given by a witness and recorded by competent authorities which confirm the person's entry into and residence in the national territory of the requested Contracting Party and which can be verified;
k) information that can be verified and that prove that the person used the services of a travel agent or of persons who illegally transport people across the state border in the national territory of the requested Contracting Party.
(2) Indirect proof shall serve as presumption of residence in or transit across the national territory of the Contracting Parties. The competent authorities of the requested Signatory may challenge this indirect proof with proof to the contrary, and may carry out additional checks.
Article 6
(Illegal Crossing of the State Border)
(1) Illegal crossing shall be deemed to be when a person crosses the joint state border of the Contracting Parties outside a marked border crossing point or at a marked border crossing point without valid travel documents, or when a person evades border controls at a border crossing point.
(2) Illegal crossing of the state border may be proved by means of the following:
a) the person's own statement and/or that of a witness – third person that may be verified, or from which it is possible to establish illegal crossing of the state border;
b) access to photographs or video or thermovision recordings that document an illegal crossing of the state border;
c) records drawn up on the interrogation of the person in question or of those that assisted him in crossing the state border illegally;
d) a decision on sanctions resulting from the illegal crossing of the state border;
e) reports from police patrols (including mixed patrols) and reports on the arrest of the person;
f) other material evidence that accords with the time of the illegal crossing of the state border and is acknowledged in the specific case by the requested Signatory.
(3) The competent authorities of the Signatories may jointly examine the supposed site of the illegal crossing of the state border.
Article 7
(Contents of a Request for Formal Readmission)
(1) A readmission request from the first and second paragraphs of Article 2 of the Agreement should if possible contain the following:
a) personal data of the persons being returned (surname and name, data on birth, nationality, last residence in his/her own country);
b) personal documents (number, issuing authority and validity);
c) place, time and method (if known) of illegal crossing of the state border;
d) existing indirect or direct proof of residence in or transit across the national territory of the requested Contracting Party;
e) data on the languages that the person understands and speaks;
f) a proposal on the place and time of return.
(2) If the person requires medical care, the requesting Signatory shall also submit a description of the person's state of health, including photocopies of healthcare certificates and information regarding requirements for special treatment, such as health or other care, supervision or ambulance transport.
(3) The requested Signatory shall deliver to the requesting Signatory a written consent to the readmission of the person, which contains data from Article 14 of the Agreement.
Article 8
(Readmission Using the Summary Procedure)
(1) Readmission in accordance with the third paragraph of Article 2 of the Agreement shall be performed without any formalities if the conditions from Article 6 of this Protocol have been met.
(2) Upon the readmission of nationals of third countries or stateless persons without formality, the competent authorities of the requesting Signatory shall draw up a record of readmission, which is annexed to this Protocol, and return it, together with the persons in question, to the competent authorities of the requested Signatory.
(3) The readmission of a person shall be confirmed by the competent authorities of the requested Signatory by means of a signature and the time of readmission. If readmission of the person is refused, the record shall state the factual reason for refusal and the time the requesting Signatory readmitted the person.
III. TRANSIT OF THIRD COUNTRY NATIONALS
OR STATELESS PERSONS
Article 9
(Contents of a Transit Request)
(1) A transit request must contain the following information on the person to whom the transit procedure relates:
a) the person's personal data (name and surname, date and place of birth, nationality, last known address in the country of destination);
b) type, serial number and validity of the passport or other travel document;
c) an explanation confirming that the conditions from Article 5 of the Agreement have been met and that there is no known reason why transit should be refused under Article 12 of the Agreement;
d) the border crossing point, the time and method of transit, and the itinerary;
e) information on whether an escort or any other assistance is required.
(2) If the person requires medical care, the requesting Signatory shall also submit a description of the person's state of health, including photocopies of healthcare certificates and information regarding requirements for special treatment, such as health or other care, supervision or ambulance transport.
(3) A transit request must be submitted in writing to the competent authorities of the requested Signatory.
(4) The competent authorities of the Signatories shall agree directly on the time and method of transit (e.g. flight number, departure and arrival times, name and surname of the escorting officials, vehicle registration numbers, etc.).
IV. COMPETENT AUTHORITIES AND BORDER CROSSINGS POINTS FOR THE IMPLEMENTATION
OF THE AGREEMENT
Article 10
(Competent Authorities)
(1) The following authorities are competent to implement the provisions of the first and second paragraphs of Article 2 of the Agreement, and to send and handle transit requests:
a) for the Republic of Slovenia:
Ministry of the Interior
General Police Directorate
Uniformed Police Directorate
Border Police Section
Address: Štefanova ulica 2, SI – 1501 Ljubljana
Telephone: ++386-1-4724322
Fax: ++386-1-2517450
b) for the Republic of Croatia:
Ministry of the Interior
General Police Directorate
Border Police Directorate
Illegal Migration Department
Address: Ilica 335, HR – 10 000 Zagreb
Telephone: ++385-1-3788559
Fax: ++385-1-3788158
(2) The following police directorates are competent to implement the provisions of Article 1 and the third paragraph of Article 2 of the Agreement:
a) for the Republic of Slovenia:
– Koper Police Directorate
– Postojna Police Directorate
– Ljubljana Police Directorate
– Novo Mesto Police Directorate
– Krško Police Directorate
– Celje Police Directorate
– Maribor Police Directorate
– Murska Sobota Police Directorate.
b) for the Republic of Croatia:
– Istra Police Directorate
– Primorsko-Goranska Police Directorate
– Karlovac Police Directorate
– Zagreb Police Directorate
– Krapina-Zagorje Police Directorate
– Varaždin Police Directorate
– Međimurje Police Directorate
(3) The competent authorities shall provide each other with all the necessary information for the purposes of mutual communication.
Article 11
(Border Crossing Points)
(1) The readmission of persons shall be carried out at the following border crossing points:
a) Sečovlje – Plovanija
b) Sočerga – Požane
c) Jelšane – Rupa
d) Petrina – Brod na Kupi
e) Vinica – Pribanjci
f) Metlika – Jurovski brod
g) Obrežje – Bregana
h) Rigonce – Harmica
i) Bistrica ob Sotli – Razvor
j) Rogatec – Hum na Sutli
k) Gruškovje – Macelj
l) Zavrč – Dubrava Križovljanska
m) Središče ob Dravi – Trnovec
n) Petišovci – Mursko Središće.
(2) The readmission of third country nationals and stateless persons in transit may also be carried out at the following airport border crossing points, in addition to the border crossing points listed above:
a) in the Republic of Slovenia: Ljubljana airport
b) in the Republic of Croatia: Zagreb airport.
(3) The readmission of persons using the summary procedure shall as a rule be carried out at the border crossing points in the police directorate in whose area the illegal crossing of the state border took place.
V. COSTS
Article 12
(Method of Settlement)
Costs relating to the readmission of persons up to the requested Contracting Party's state border, and up to the country of destination in the case of transit, shall be settled in accordance with the regulations in force in the requested Contracting Party's country.
VI. FINAL PROVISIONS
Article 13
(Meetings of Experts)
(1) Experts from the respective Signatories shall hold meetings at least once a year to assess the implementation of this Protocol.
(2) The place and time shall be agreed by the Signatories for each meeting separately.
Article 14
(Amendments to the Protocol)
(1) The Signatories may amend this Protocol by mutual consent.
(2) This Protocol shall enter into force and cease to have effect on the same day as the Agreement.
Done at Brioni on 10 June 2005 in two originals in the Slovenian, Croatian and English languages, all texts being equally authentic. In case of divergence in the interpretation, the English text shall prevail.
|
ANNEX
Name of police unit:
Ref. no:
Date:
RECORD
on the readmission of persons under the summary procedure pursuant to the
third and fourth paragraphs of Article 2 of the Agreement between the
Government of the Republic of Slovenia and the Government of the Republic of
Croatia on the Readmission of Persons whose Entry or Residence is Illegal
On … at ... the following person(s) was (were) handed over at the… border
crossing:
I. DATA ON PERSONS
1. Surname:
Name:
Other name:
Date and
place of
birth:
Nationality:
Items and money that the person has with him/her:
Other persons (same data as under no. 1):
… police unit arrested the above person(s) on … at … (time) in (place) … for
illegally crossing the state border.
II. DATA ON ILLEGAL CROSSING OF THE STATE BORDER
1. Date:
2. Time:
3. Method:
4. Place:
5. Evidence:
III. READMISSION
1. The persons under serial no. … are readmitted, the persons under serial
no. … are not readmitted.
2. Reason for refusal to readmit:
Any special findings during acceptance (injuries, new evidence uncovered,
etc.):
RETURNED READMITTED
(name, surname and signature): (name, surname and signature):
… …