Europe rights court rules Greece immigrant pushback violated human rights News
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Europe rights court rules Greece immigrant pushback violated human rights

The European Court of Human Rights (ECtHR) ruled Tuesday that Greece violated multiple provisions of the European Convention on Human Rights (ECHR) regarding the treatment of a Turkish national, identified as A.R.E., during her attempted entry into Greece.

The court found Greece guilty of engaging in illegal pushbacks, forcing asylum seekers to return to their country of origin without due process. It further highlighted evidence pointing to a broader systematic practice of such pushbacks by Greek authorities.

The applicant alleged that she was accused by Turkish authorities of affiliation with the Gülen movement and crossed the Evros River into Greece with two other Turkish nationals to seek asylum. A.R.E. had been previously imprisoned for 28 months in Turkey on charges of FG membership, which is considered a terrorist organization by the Turkish government. After crossing the border, the applicant claimed Greek authorities detained her and her companions, denied them access to legal representation, and subjected them to an expulsion process that ignored their asylum requests. The applicant alleged that they were ultimately forced back across the border into Turkey, where she was arrested, detained, and later imprisoned.

Pushbacks are unlawful practices in which migrants are forcibly returned across borders without being granted the opportunity to apply for asylum. Such actions directly contravene the 1951 Refugee Convention and the EU Schengen Borders Code, which recognize the fundamental right to seek international protection.

The ECtHR found violations of ECHR Article 3 on the prohibition of inhuman and degrading treatment and Article 5 on the right to liberty and security. It noted that the applicant’s account aligned with documented patterns of illegal pushbacks reported by national and international organizations. Specifically, the court criticized Greece for failing to assess the risks of ill-treatment faced by the applicant if returned to Turkey, where she had been previously detained and accused of membership in a proscribed organization.

The court further found that Greece violated Article 13 on the right to an effective remedy by denying the applicant legal recourse to challenge her detention and expulsion. This included failing to inform her of the reasons for her arrest or allow her to have the legality of her detention reviewed by a court.

While the court acknowledged the Greek government’s contention that insufficient evidence linked Greek officials directly to the alleged actions, it emphasized the state’s obligation to thoroughly investigate allegations of human rights violations. The decision also pointed to Greece’s failure to provide adequate procedural safeguards against arbitrary detention and expulsion.

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