On 12 February, the Grand Chamber of the European Court of Human Rights will adjudicate three pivotal cases concerning Latvia, Lithuania, and Poland. These cases revolve around the alleged unlawful pushbacks — the summary deportations of migrants to Belarus. This landmark hearing marks the Court’s inaugural examination of the human rights implications of what EU states term ‘instrumentalized’ migration, showcasing the escalating tensions at European borders.
Amnesty International representatives will be present at this crucial session. Mandi Mudarikwa, Amnesty’s Head of Strategic Litigation, expressed concern over the rising trend of employing security justifications in migration policy, stating, “We must resist efforts to normalize discriminatory exemptions from human rights based on so-called ‘emergency’ situations.” Such comments underscore a critical opposition to erosion of human rights amidst perceived crises.
Mudarikwa further asserted that Latvia, Lithuania, and Poland have employed aggressive migration strategies under the pretext of counteracting ‘instrumentalized’ migration. Through comprehensive research, the organisation highlights the detrimental role of Belarussian authorities in worsening the humanitarian situation at the border, arguing that this does not excuse the EU states from their international obligations but rather amplifies their need to act with compassion.
The upcoming case represents a vital chance to reaffirm asylum rights and the absolute principle of non-refoulement—whereby individuals should not be returned to places of threat. History awaits the Court’s ruling on this matter, which can either reinforce or challenge European commitments to humanity amidst strife.
Amnesty International has previously submitted third-party interventions to the European Court regarding these pressing matters, raising significant questions around the prohibitions against torture contained in Article 3 of the European Convention on Human Rights. The overarching themes of collective expulsions and the right to effective remedies are critically examined in the context of escalating human rights violations along the borders of Latvia, Lithuania, and Poland.
Amnesty has documented numerous human rights abuses resulting from the misuse of emergency powers in these nations. Incidents of unlawful returns, torture, arbitrary detention, and coercive tactics compel scrutiny and demand greater accountability in shaping humane migration policies that align with established rights principles.
The European Court of Human Rights will hear landmark cases against Latvia, Lithuania, and Poland regarding unlawful pushbacks of migrants to Belarus on 12 February. Amnesty International will attend, highlighting concerns over the misuse of security to justify human rights violations. Key issues include the right to asylum and non-refoulement obligations, as well as documentation of abuses along these borders. The cases pose a significant moment for reaffirming human rights amidst ongoing crises.
In summary, the European Court of Human Rights is set to explore critical pushback cases that may redefine the landscape of asylum and non-refoulement obligations amid escalating migration crises. With Amnesty International poised to challenge the narrative that compromises human rights under the guise of security, the outcome holds the potential to reaffirm the rights of vulnerable individuals at Europe’s borders and dictate future migration policies.
Original Source: www.amnesty.org
