On 22 January 2024, the human rights organisation Aegean Boat Report alleged that 12 Palestinians were unlawfully removed from Greek maritime territory to Turkish territorial waters, with the participation of the Greek authorities.
“Twelve Palestinians were on Friday found drifting in a Greek-manufactured life raft in Turkish waters near the Greek island of Kastellorizo, in the eastern Mediterranean. The group had been taken onboard a Greek coast guard vessel, on which their papers, valuables and phones were taken away from them. Then they were forced into a life raft, and left helplessly drifting in the dark.”
These accusations should be investigated by the Greek authorities as they raise the issue of a violation of international law, as the refoulement of refugees is prohibited by Article 33 of the 1951 Convention relating to the Status of Refugees, also known as the Geneva Convention.
On 21 February 2022, the United Nations High Commissioner for Refugees (UNHCR) made a public statement expressing deep concern about the “increasing number of incidents of violence and serious human rights violations against refugees and migrants at various European borders, several of which have resulted in tragic loss of life.”
The statement made specific reference to Greece as the UNHCR expressed its alarm at “recurrent and consistent reports coming from Greece’s land and sea borders with Turkey, where UNHCR has recorded almost 540 reported incidents of informal returns by Greece since the beginning of 2020. At sea, people report being left adrift in life rafts or sometimes even forced directly into the water, showing a callous lack of regard for human life. At least three people are reported to have died in such incidents since September 2021 in the Aegean Sea, including one in January. Equally horrific practices are frequently reported at land borders, with consistent testimonies of people being stripped and brutally pushed back in harsh weather conditions.”
Under the rule of law, the unlawful refoulement of refugees and migrants is not permitted. Therefore, in the context of international law, Greece must ensure effective international protection procedures that protect applicants from war, illiberal and undemocratic regimes and other risks in their countries of origin.
As the UNHCR has noted, European law requires that border surveillance measures must be implemented in full compliance with human rights and refugee law, including the 1951 Convention, while “States must honour their commitments and respect fundamental human rights, such as the right to life and the right to asylum”. The above-mentioned complaint should therefore be fully investigated by the Greek authorities, as it raises the issue of a violation of international law and of Article 33 of the 1951 Convention relating to the Status of Refugees, which prohibits refoulements.
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