The European Court of Human Rights (ECtHR) ruled on Tuesday that Greece violated several provisions of the European Convention on Human Rights (ECHR) in the case of a Turkish national, A.R.E., who sought asylum in Greece after fleeing persecution in Turkey. The court found that Greece had unlawfully engaged in pushbacks, a practice where asylum seekers are forcibly returned to their country of origin without being allowed to apply for protection.
Case Details and Allegations
A.R.E., a Turkish national, crossed the Evros River into Greece with two other individuals, seeking asylum from the Turkish government’s accusations of ties to the Gülen movement, which is designated as a terrorist organization by Turkey. A.R.E. had previously spent 28 months in a Turkish prison on charges related to her alleged affiliation with the movement. Upon reaching Greece, she and her companions were detained by Greek authorities. They were denied access to legal assistance and were subjected to an expulsion process that ignored their asylum requests. A.R.E. was eventually pushed back into Turkey, where she was arrested, detained, and imprisoned.
Court Findings and Legal Violations
The ECtHR found that Greece’s actions violated multiple ECHR provisions. The court ruled that Greece contravened Article 3, which prohibits inhuman and degrading treatment, and Article 5, which protects the right to liberty and security. The court highlighted that Greece failed to assess the risk of ill-treatment A.R.E. would face if returned to Turkey, particularly given her previous detention and the charges against her.
Additionally, the court ruled that Greece violated Article 13 of the ECHR, which guarantees the right to an effective remedy. The applicant was not informed of the reasons for her detention and was denied the opportunity to challenge her expulsion or the legality of her detention.
Pushbacks and International Law
Pushbacks, the practice of forcing migrants and asylum seekers to return to their home countries without due process, are widely regarded as unlawful under international law. They contravene the 1951 Refugee Convention and the EU Schengen Borders Code, which protect the right to seek asylum. The ECtHR’s ruling aligns with reports from national and international human rights organizations that have documented similar patterns of illegal pushbacks by Greek authorities at the border.
Greece’s Responsibility and Court’s Conclusion
While Greece disputed the direct involvement of its officials in the alleged pushbacks, the ECtHR stressed that Greece has a duty to investigate human rights violations thoroughly. The court emphasized the need for Greece to provide adequate safeguards against arbitrary detention and expulsion, as well as to ensure asylum seekers have access to legal recourse.
The decision adds to growing pressure on Greece to address its treatment of migrants and asylum seekers and to comply with international human rights standards.
Excerpts From: Jurist
