In a landmark ruling, the European Court of Human Rights (ECHR) determined that Greece has been engaged in unlawful pushbacks of migrants to Turkey, as established in the case of A.R.E. v. Greece (application no. 15783/21). The court pinpointed these practices occurring in 2019, indicating a disturbing systemic pattern whereby individuals arriving in the Evros region were forcibly returned without proper legal processes. Currently, the full decision is in French, but the crucial press release is available in English.
ARE, the applicant, arrived in the UK on May 4, 2019, and soon after requested asylum only to experience a notorious “pushback.” She was allegedly taken to a police station where her personal items were stripped away, including her shoes and mobile phone. Subsequently, ARE and others were transported by lorry to a river, forced onto an inflatable boat, and returned to Turkey, where she faced immediate arrest by Turkish authorities the next day.
Despite a criminal complaint filed by the Greek Council for Refugees on ARE’s behalf in June 2019, the prosecutor dismissed it for lack of evidence. Following this, ARE lodged her application with the ECHR in March 2021, which led to the finding of violations of multiple articles of the European Convention on Human Rights: notably, inhumane treatment, right to liberty, and the lack of an effective remedy for her ordeal.
The court established that Greece’s actions displayed a flagrant disregard for fundamental human rights, particularly as ARE was sent back to Turkey without a thorough examination of the risks she faced—an act that violated Article 3 of the Convention. The ECHR concluded that the applicant’s detention was both informal and lacked any legal justification, thereby breaching her right to security and liberty.
Furthermore, the ECHR pointed out that the national system failed to provide remedies for those facing risks during pushbacks, constituting a breach of her entitlements under Articles 2 and 3. Greece has been ordered to compensate ARE with €20,000, although the case may still be reviewed by the Grand Chamber if either party requests it within three months.
The European Court of Human Rights ruled against Greece for unlawful pushbacks of migrants to Turkey, highlighting systemic violations of human rights occurring in 2019. In the case of A.R.E., the court found breaches of multiple articles, including inhumane treatment, right to liberty, and lack of effective remedies. Greece has been ordered to pay €20,000 to the applicant, with potential for further review by the Grand Chamber.
The ECHR’s ruling in A.R.E. v. Greece signifies a pivotal moment in the realm of human rights and immigration law, exposing Greece’s unlawful pushback practices. It underscores the necessity for effective remedies against inhumane treatment and emphasizes the international obligation to protect asylum seekers from unjust returns. As Greece is ordered to pay compensation, the implications of this ruling extend beyond a single case, spotlighting the systemic issues plaguing migration policies in Europe.
The European Court of Human Rights serves as a guardian of human dignity, focusing on ensuring that rights outlined in the European Convention on Human Rights are upheld. Within this framework, the case of A.R.E. v. Greece exposes significant legal and humanitarian concerns surrounding the treatment of asylum seekers and migrants in Europe, particularly in the context of systemic violations that lead to unlawful pushbacks. The ethical implications here resonate beyond legal rulings, calling attention to the ongoing crisis faced by those fleeing violence and persecution. The Evros region, serving as a geographical binding point for Greece and Turkey, has become a focal point for migration strategies, highlighting the tensions between the responsibilities of host nations and their compliance with human rights standards. This ruling underscores the need for robust legal protections and remedies for vulnerable populations dealing with state-imposed hardships.
Original Source: freemovement.org.uk
