REPORTS
Refoulement of asylum seekers despite interim measures issued by the European Court of Human Rights
According to a statement released by the organizations the Greek Council for Refugees and HumanRights360 on July 26, 2022, a group of Syrian refugees were sent back from Evros to Turkey, despite a decision issued by the European Court of Human Rights (ECtHR) requesting that assistance be provided to the asylum seekers, and that they not be removed from Greece.
The organizations claim that the refugees, including three pregnant women, twelve minor children and an elderly woman, have been since July 14 without access to the essentials for their survival; without access to water, food, medical assistance, and exposed to heat and humidity on a small islet in the middle of the river Evros. The ECtHR issued interim measures for the protection of the refugees, requesting that they not be removed from Greece. In this context action taken by the state to remove the group from Greek territory would constitute refoulement, or the unlawful return of refugees.
However, according to the organizations, the Greek authorities did not implement the decision of the Strasbourg Court and the Syrian refugees were sent back.
The Greek Council for Refugees and HumanRights360 noted in their statement that three deaths were reported from the group in the course of their abandonment on the islet and their refoulement.
This evidence raises the issue of the violation of international law, as the push back, or refoulement, of refugees, according to the former President of the European Court of Human Rights (ECHR) Linos-Alexandre Sicilianos, is prohibited by Article 33 of the 1951 Convention on the Status of Refugees, also known as the Geneva Convention.
In a state governed by the rule of law, the authorities must refrain from illegally repatriating refugees and migrants from their territory. Therefore, in the context of international law, Greece must ensure effective international protection procedures, which will protect applicants from war, non-democratic regimes and other risks in their countries of origin.
As the UNHCR notes, European law requires that border surveillance measures be implemented in full compliance with human rights and refugee law, including the 1951 Convention, and that states must respect fundamental human rights, such as the right to life and the right to asylum.
However, this evidence suggests that refugees were repatriated from Greek territory in violation of international law and the interim measures of the ECtHR, which requested the protection and non-repatriation of these refugees.
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