EU border control agency Frontex and its human rights record are being investigated by the EU Ombudsman following a number of complaints submitted by NGOs.

Ombudsman Nikiforos Diamandouros said he had opened an inquiry into how Frontex was implementing its obligations following new rules adopted last year.

The regulations oblige the Warsaw-based agency to put in place a fundamental rights strategy, codes of conduct for its operations and a fundamental rights officer.

Nationalist MEP Simon Busuttil had piloted the regulations through the European Parliament.

The Ombudsman took the initiative to open the inquiry after NGOs questioned the agency’s record, particularly in its deployment of EU border guards to Greece where migrant detainees were transferred to detention centres and kept in conditions criticised by the European Court of Human Rights.

Recently, NGOs also questioned the role of Frontex in patrols off the Maltese and Italian coastlines aimed at stemming the flow of illegal immigrants departing from North African shores.

He has asked Frontex to respond to a number of questions concerning its obligations to draw up a fundamental rights strategy, codes of conduct applicable to its operations and an effective mechanism for monitoring respect of fundamental rights in its activities.

The ombudsman is also requesting information about the fundamental rights officer, about who takes responsibility for European border guard teams, and about the actions Frontex envisages in case it detects rights violations.

Frontex’s opinion is expected to be submitted by the end of May.

The agency has conducted a number of anti-illegal immigration missions off Malta in conjunction with the Armed Forces of Malta.

In 2010, following a change of rules – obliging the host member state to be responsible for all the illegal immigrants detected – Malta stopped taking part.