On 19 January 2024, the human rights organisation Aegean Boat Report alleged that 16 Palestinians were towed from Chios to Turkish territorial waters, with the participation of the Greek authorities, “A boat carrying 16 Palestinians was stopped outside the Greek island of Chios yesterday, engine removed, towed back towards Turkish waters, and left helplessly drifting by the Greek coast guard”.
The organisaton reported in a Facebook post, added that, “Greek authorities are doing everything in their power to illegally deport anyone who manage to get into Greek territorial waters isn’t new, this has been ongoing for years, with no regard for human lives, international laws, regulations, and fundamental human rights.”
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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