need urgent advice on a passport from third country in eu

[sarahpoole]

hello i need some urgent advice on my husbands passport. my husband gained schengen visa under directive2004/38/eu. he is still within his 90 days but shortly runnign out. we have come across a big accident where my husbands passport was confiscated and passed onto the countrys national embassy. they are holding the passport and have now told us they wont return it and he must take a travel document to fly home where he can claim his passport even though they havent sent it back.
the reason for this is a schengen visa is expired as it was only a month visa. but he is still convered by the directive for 90 days.
any advice on this as they are being very rude and just saying he is illegal and therefore wont give it back wwe have proved by using the directive but they are just ignoring us.