Migrant judgment a crucial victory
The European Court of Human Rights declaring Greece guilty of migrant pushbacks marks a crucial, historic victory, write Aideen Elliott and Alkistis Agrafioti Chatzigianni
On 7 January, human rights in Europe got a boost when the European Court of Human Rights condemned, for the first time, Greece’s practice of ‘pushbacks’.
The historic case was supported by Oxfam’s partner, the Greek Council for Refugees, and taken by a Turkish woman ('ARE') who tried to flee to Greece to apply for international application.
Instead of granting her the right to make an application, Greek authorities illegally made her board a small dingy and pushed her back over the Evros river to Turkey.
‘Pushbacks’ – pushing people back over a border or forcefully returning them to a country they are trying to leave without allowing them to apply for international protection – are a violation of human rights, international law and, most importantly, our collective values.
Wake-up call
The ECtHR’s judgment is not only a condemnation of Greece’s pushback practices but also a wake-up call for the entire EU. Pushbacks are not isolated incidents: similar reports have emerged from other member states, including Hungary, Croatia, and Poland.
The systematic violation of human-rights at Europe’s external borders undermines the credibility of the European Union.
The court found that not only did the Greek authorities violate her right to ask for international protection, but that they illegally detained her and took her belongings (her shoes, mobile phone, and money).
The court found that the victim was illegally detained by the Greek authorities before her pushback. This is further confirmation that the arrest and detention of irregular migrants – that is, a kind of temporary forced disappearance – formed part of the modus operandi noted in connection with the practice.
The court found that the Greek judicial authorities failed to conduct an effective criminal investigation and archived ARE’s criminal complaint, despite the prima facie evidence.
For some years, the Greek Council for Refugees has been working with survivors of pushbacks seeking justice. Testimonies from hundreds of survivors show that pushbacks follow the same pattern:
- Informal arrest,
- Arbitrary and incommunicado detention,
- Illegal confiscation of personal belongings,
- Degrading strip search,
- Violent transfer to the Evros riverbank, and
- Finally, illegal expulsion.
In the case of ARE, the court found that Greek authorities had violated her right to personal liberty and security and her right to an effective legal remedy to complaint for her rights’ violations, among other things.
Systematic but unofficial
The court confirmed what survivors, Greek human-rights defenders, independent authorities, international organisations, and the UN have reported for years – that the Greek State’s use of pushbacks is systematic.
Even though pushbacks are illegal, the Greek State has been using them as planned, but unofficial, de facto policy.
Greek human-rights defenders have repeatedly highlighted that, while Greek authorities have been breaking the law with impunity, they have criminalised humanitarians, like Seán Binder, and lawyers and human-rights defenders, including colleagues in the Greek Council for Refugees.
This landmark judgment is a victory for human rights. The European court’s recognition of the illegal and systematic practice of pushbacks by the Greek State is a vindication for thousands of victims at the EU’s external borders.
It is also a vindication for all human-rights defenders criminalised and targeted for supporting victims of pushbacks committed by the Greek authorities.
When authorities themselves are the ones breaking the law, it is particularly frightening. The European court has affirmed that a state cannot simply turn its back on international law and the values to which it gives expression.
There are more rulings to come: more than 30 applications against Greece are pending before the ECtHR that entail alleged ill-treatment at the EU’s external borders.
The ECtHR ruling is an opportunity for EU member states, including Ireland, to reaffirm their commitment to international law, human rights, and our shared values.
There is a lot of work to be done to achieve human rights at our borders, but human-rights defenders all around Europe are ready to continue this work.
Aideen Elliott is migration policy lead at Oxfam Ireland. Alkistis Agrafioti Chatzigianni is an advocacy officer and lawyer at the Greek Council for Refugees