Migrants are being expelled from Croatia to Bosnia and Herzegovina under a formal agreement between the two countries, rights groups say. Their claims are based on testimonies from migrants who said they were pushed back over the border by Croatian police, sometimes violently.

In a recent report, the Balkan Investigative Reporting Network (BIRN) says these alleged pushbacks are a "new phonemenon" and are not the same as the expulsions that took place from Croatia to Bosnia between 2018 and 2022, which have already been documented.

According to the BIRN report, Croatian authorities have been sending migrants back across the border to Bosnia, which is outside EU territory, under a revived bilateral agreement between the two countries. This was only discovered by the premier of the canton of Una-Sana, in Bosnia's northwest, after more than 760 migrants returned under the deal had already arrived in his canton.

Bosnia’s security minister, Nenad Nesic, has denied that there is an influx of migrants into the country. But Sara Kekus, from the Center for Peace Studies in Zagreb, told BIRN that the number is increasing. He also said that those returned from Croatia had testified that they had tried to seek asylum there but had not been allowed to do so, or had not known who to ask. In some cases they had been given documents mostly in Croatian which they signed without understanding what they were.

According to Kekus, some of the migrants, who included unaccompanied minors and families with young children, said they had been mistreated by Croatian authorities: "Complaints are that persons were kept in detention for several days and that the meals were rather meagre, one a day, bread and cheese and water," he is quoted as saying.

'Illegal practice'

The pushbacks were also confirmed by the Border Violence Monitoring Networ (BVMN), another NGO, which condemned the fact that Croatian authorities had acted in breach of the internationally guaranteed right to request asylum.

The Croatian interior ministry denied this, telling BIRN, "every illegal migrant caught by the Croatian police has the right and is adequately informed about the possibility of expressing an intention to seek international protection." The ministry also said its operations were not "expulsions" but returns, carried out under the bilateral agreement.

But all returns of migrants from EU countries to 'third countries' outside the bloc have to happen according to an EU law, Directive 2008/115. As Bosnia is not yet in the EU, these procedures need to be followed for returns from Croatia, as Italian lawyer and migration expert Gianfranco Schiavone told BIRN. "This is de facto an expulsion of an alien citizen who irregularly arrived in a European country and should happen under the guarantee of the same European directive."

Migrants 'treated like animals'

The BIRN investigation into illegal practices being carried out by an EU member state at the bloc’s external border follows a report by Human Rights Watch (HRW), which includes very recent testimonies of migrants who were pushed back from Croatia. In April, 2023, according to the report, two 15-year-old boys, Farooz D. and Hadi A., said Croatian police had caught them, driven them to the border and ordered them to walk into Bosnia, "disregarding their request for protection and their statements that they were under the age of 18."

HRW claims that in continuing to expel migrants, often using violent tactics, Croatia is acting in violation of international laws, including the prohibition against torture and inhuman or degrading treatment, and against refoulement – sending people to places where they would face harm. The Croatian government did not respond to HRW’s request for comment.