On May 19, 2023, the New York Times published an investigation, including video evidence, alleging that the Greek authorities have participated in the unlawful refoulement of refugees who had arrived in Greece to seek asylum.
According to the report, on April 11, 2023, Greek authorities forced 12 refugees, including young children, who had arrived on Lesvos the day before, onto an inflatable boat. They were transferred to a Coast Guard vessel at open sea, only to be abandoned shortly afterwards in a lifeboat southeast of the island, on the border between Greek and Turkish territorial waters.
These actions, however, violate 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.
In February 2022, UN High Commissioner for Refugees Filippo Grandi reported that the UNHCR had recorded almost 540 cases of refoulement at the Greek sea and land borders since the beginning of 2020.
The New York Times showed the video evidence to three senior European Commission officials in Brussels, while explaining the process they followed to verify its authenticity. The Commission reacted in writing to the investigation, expressing concern about the content of the visual material, adding that it would raise the issue with the Greek authorities.
Despite a request from the New York Times, the Greek government refused to respond to the newspaper’s repeated requests for comment on the refoulement incident. Furthermore, the Greek authorities refused to meet with the journalists to examine the audiovisual footage documenting the refoulement of the asylum seekers in violation of European and international law.
What is the problem with the rule of law? In a state governed by the rule of law, the authorities must not participate in the unlawful refoulement of refugees and migrants from their territory. Rather, 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 also notes, European law requires that border surveillance measures must be implemented in full compliance with human rights and refugee law, including the 1951 Geneva Convention, while “States must honour their commitments and respect fundamental human rights, such as the right to life and the right to asylum”. However, this report by the New York Times shows that the Greek authorities in this case engaged in the unlawful refoulement of 12 refugees in violation of international and EU law.
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