The European Court of Human Rights (ECtHR) has confirmed evidence of systematic “pushbacks” at Greece’s borders by ruling that the country illegally deported a Turkish woman. According to Euractiv, the ruling may have an effect on how the EU handles migrants at its external borders.
ECtHR ruled on Tuesday, January 7, that Greece had unlawfully deported a Turkish woman to Turkey, citing “strong indications” that the Greek government had engaged in “a systematic practice of ‘pushbacks’.”
Two cases were reviewed by the ECtHR, which decides cases involving violations by its 46 member states, which include all EU countries as well as Turkey and the United Kingdom. One was declared inadmissible, but in the other case – a Turkish woman who had fled her country and had been forcibly brought back to Turkey by Greek authorities – it ruled in favor of the applicant.
The woman, identified as A.R.E., was wrongfully expelled in 2019 after crossing the Greek-Turkish border without being given the chance to apply for asylum, according to the ECtHR. She received a damages award of 20,000 euros (21,000 US dollars).
Greece has been accused of conducting “pushbacks”—secret, unreported operations in which state officials detain and expel migrants and asylum seekers without following the proper procedures, sometimes with force—for more than ten years. When Greece emerged as a major entry point for refugees escaping wars in Syria, Afghanistan, and other areas in 2015–2016, these practices grew more widespread.
While major human rights organizations have characterized the alleged deportations as systematic, the UN Refugee Agency (UNHCR) has urged Greece to conduct a thorough investigation into a number of pushback allegations. After a four-month investigation in 2022, Greece’s National Transparency Authority, a government-funded corruption watchdog, concluded that there was no evidence to back up the pushback claims.
This recent decision is particularly noteworthy because it is the first time the European Court of Human Rights (ECtHR) has examined Greece’s pushback practices and found that they are in violation of the European Convention on Human Rights (ECHR). According to the court, the case shows that pushbacks from Greece to Turkey, including in the Evros region, “occur under conditions that may endanger human life, as victims are left adrift on inflatable boats.” Additionally, the pushbacks adhere to a fairly “consistent modus operandi,” which includes physical violence, humiliation, threats, and the seizure of the victims’ personal property.
The court “saw a pattern and decided to punish these violations” and “decided that it was not acceptable,” according to Lefteris Papagiannakis, Director of the Greek Council for Refugees, who spoke to Euractiv.
International human rights law requires member states to respect the principle of non-refoulement, which forbids sending people back to nations where they run the risk of torture or inhuman treatment, even though they have the authority to control their borders. Mitsotakis is dubious about return hubs.
Greece Wants the EU to Take a Tougher Stand on Migration
While applauding the EU’s more aggressive approach to combating illegal migration, Greek Prime Minister Kyriakos Mitsotakis stated in October of last year that he is still “skeptical” of plans for offshore “return hubs.”
“I am pleased that we acknowledge that we need to think out of the box in order to address this pressing concern,” Mitsotakis said, adding that Greece is “eager to find out more about the innovative solutions proposed by the European Commission.” However, he voiced his doubts about return hubs like the one agreed upon between Italy and Albania in an interview with the Financial Times (FT). The two nations recently decided to set up a return hub in Albania where illegal migrants who are caught by Italy on land or intercepted at sea would be processed and sent back.
This agreement is bilateral. He told the FT, “I’m not sure if it could be replicated at the European level.” Additionally, we must determine whether it is effective. According to Italian asylum law, these individuals are being identified, and they will eventually be sent back to Italy. “Where would they go if we did it at the European level?” he continued.