On 21 February 2022, the United Nations High Commissioner for Refugees (UNHCR) issued a public statement expressing its deep concern at 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 continues, “Violence, ill-treatment and pushbacks continue to be regularly reported at multiple entry points at land and sea borders, within and beyond the European Union (EU), despite repeated calls by UN agencies, including UNHCR, intergovernmental organisations and NGOs to end such practices.”
Referring specifically to Greece 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.”
The refoulement of refugees, according to the former president of the European Court of Human Rights (ECtHR) Linos-Alexandre Sicilianos, is prohibited by Article 33 of the 1951 Convention Relating to the Status of Refugees, also known as the Geneva Convention.
The UNHCR also noted that European countries have failed to investigate reports of illegal pushback practices despite the fact that the number of such reports is increasing. This practice leads to refugees being returned to their countries of origin, despite the dangers they face there, which is contrary to the international legal principle of non-refoulement.
“The right to seek and enjoy asylum does not depend on the mode of arrival to a country. People who wish to apply for asylum should be allowed to do so and they should be made aware of their rights and provided legal assistance. What is happening at European borders is legally and morally unacceptable and must stop. Protecting human life, human rights and dignity must remain our shared priority. Progress on preventing human rights violations at borders as well as the establishment of truly independent national monitoring mechanisms to ensure reporting and independent investigation of incidents are urgently needed.”
In a state governed by the rule of law, the authorities must not illegally deport refugees and migrants from their territory, but rather, must ensure effective asylum procedures, as per international law, which will protect applicants from war, anti-democratic regimes and other dangers 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. States must abide by their commitments and respect fundamental human rights, such as the right to life and the right to asylum.
Despite Greece’s obligations under European and international law, however, the UNHCR states that since 2020, almost 540 cases of informal returns have been reported, in violation of the EU and international law.
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