Border security | The “push back” procedure that spoke to the presidential candidates would mean – Model from Poland

European network director of the competence center for combating hybrid threats Jukka Savolainen according to Finland, people coming across the land border from Russia could be turned back.

The situation became topical again on Thursday, when from the north of Imatra 18 men, women and children crossed the land border from Russia. The Border Guard arrested them on suspicion of a state border crime. It is known that 18 people from the Middle East applied for asylum in Finland.

The topic has sparked debate in, for example, the presidential election. In Yle's Thursday evening presidential election exam, the candidates were asked: “Should Finland use the so-called push back procedure as soon as it is legally possible, i.e. push illegal border crossers back to Russia?”

All candidates Li Andersson (left) and Talk about Urpilai except (sd) answered the question yes. However, there are differences in the positions, for example, in which situations the procedure could be used and how.

Poland and Lithuania, for example, have used a similar procedure for asylum seekers after Belarus' hybrid operation began at their external borders in 2021. The measures have since been deemed to be in violation of human rights treaties and EU law, despite the situation.

Savolainen according to the current border legislation “with the additions dictated by the administrative committee”, however, it makes it possible for people crossing the land border to be stopped on the spot.

“Here, a legal interpretation of the situation should be made, i.e. the unauthorized crossing of the terrain border must be prevented. That is, it is not allowed to pass. If the issue is being discussed now, there should be better clarity on this before the snows leave,” says Savolainen.

According to Savolainen, arguing about the issue in Finland fits well with the plans of the “organizer of the hybrid operation”, i.e. Russia.

“The purpose of the hybrid operation is to try to create instability. That is why it is irresponsible to take such positions that the crossing points are closed, but you can cross the terrain border freely. Such a signal cannot be given”.

But how would things be done at the land border if those aspiring to Finland did not agree to return to Russia?

“It's a bit of a chore,” Savolainen admits.

“But there must be an official nearby to prevent entry. And when his shift changes, someone else takes it. If there are more of them and they try to come by force, then it requires riot control methods”.

International crisis management expert, doctor of political science by Timo Hellenberg according to the so-called push back procedure, “political, legal, tactical and technological four-wheel drive” is needed.

“The basis must be a political decision of the Government. After that, a legal legislative basis is needed to secure the activities of individual border guards on a tactical level, which utilizes technology such as drones and various motion detectors.”

How would the push back procedure be implemented in practice at Finland's eastern border?

Precedent cases can be applied for on the border of Poland and Lithuania with Belarus. In Poland, mechanical stopping plays a key role, says Hellenberg.

“Border fence, barbed wire fences, using dogs and water cannons.”

By creating sufficiently large buffers, the aim is to avoid the occurrence of catch-up situations. Migrants, however, regularly get past the barriers. Then Poland caught the migrants and transported them back to the border area.

The non-governmental organization Grupa Granican monitors the situation in the border area between Poland and Belarus according to the estimate at least 37 people have been proven dead in the area since 2021, and in addition, almost 300 people have been reported missing.

Hellenberg would also support changing the conscription legislation so that the defense forces could provide more extensive official assistance for the control of the eastern border.

In this way, conscripts and reservists who have received military police training could also be mobilized to support the control of the terrain border.

Wouldn't it be a brutal situation if a 19-year-old conscript had to return a migrant back to the border zone at the risk of death?

“It's a harsh situation, but the situation is already all around serious,” says Hellenberg and reminds that the risk of migrants dying at the eastern border, for example, as a result of the cold and getting lost, already exists if nothing is done.

Hellenberg has been speaking in favor of the push back procedure for a long time, even though he thinks the term is bad. It gives the wrong impression that migrants would be concretely pushed back from the border.

He also sees the procedure as necessary for the realization of migrants' rights.

In addition to the push back procedure, Hellenberg proposes a compensation measure: allowing asylum applications at the Finnish missions of the countries from which migrants are now coming to Finland across the eastern border.

“Of course, there would be costs, but we would avoid the symbiosis of organized crime and immigration from the eastern border. In addition, the procedure would be fairer for asylum seekers.”

Prime minister Petteri Orpo (cook) has told, that the push back procedure is a matter “that needs to be clarified”. However, Orpo has not taken a position in practice.

Also the presidential candidates have taken a stand on the push back practice.

For example Alexander Stubb (cook) said In Yle's presidential election exam, Finland is “in a situation where Russia uses migrants as a weapon. We have to put Finland's interests first. Push back is legal in, for example, Norway, and you have to push hard against Russia.”

Jussi Halla-aho (ps) said in the exam that push back would be one of his priorities as president on international forums: “This is where Russia tries to use people from the Middle East because people already know in their countries of origin that our asylum and return system does not work.”

Olli Rehn (middle) stated that he agrees with Halla-aho about the problems of border legislation.

“The current system does not recognize instrumental immigration. We should work with other EU countries to change the legislation. I also consider it important that the Border Procedures Act be reformed in writing.”

Pekka Haaviston (green) by however, the atmosphere in Finland cannot become tougher.

“There must be a clear message to Russia that this cannot continue. It is also the case that the Geneva Convention on Refugees lacks a section on hybrid influence. However, the majority of asylum seekers are on the right track,” says Haavisto and mentions, for example, Afghan women.

Lee Andersson (left) reminded in the exam that, for example, Poland has received a score for its border activities. “There cannot be such a situation at the border that we do not accept asylum applications at all.”