Greece declared guilty of migrant pushbacks: A historic judgement by the European Court for Human Rights

By Aideen Elliott, Migration Policy Lead at Oxfam Ireland and Alkistis Agrafioti Chatzigianni, Advocacy Officer and Lawyer at The Greek Council for Refugees

Last week, human rights in Europe got a boost when the European Court for Human Rights condemned for the first time Greece’s practice of pushbacks. The historic case was supported by Oxfam’s partner, the Greek Council for Refugees, and taken by a Turkish woman (A.R.E.).

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Who is A.R.E?

A.R.E is a Turkish woman who tried to flee to Greece to apply for international application.

Instead of granting her the right to make an application, Greek authorities illegally made her board a small dinghy and pushed her back over the Evros river to Turkey.

What are Push Backs?

Push backs, pushing people back over a border or forcefully returning them to a country they are trying to leave without allowing them to apply for international protection - are a violation of human rights, international law and most importantly, our collective values.

The Greek Council for Refugees

For some years, the Greek Council for Refugees has been working with survivors of pushbacks seeking justice. Testimonies from hundreds of survivors show that pushbacks follow the same pattern.

Pushbacks Pattern:

informal arrest,
arbitrary and incommunicado detention,
illegal confiscation of personal belongings,
degrading strip search,
violent transfer to the Evros riverbank
Finally, illegal expulsion.

In the case of A.R.E. the Court found that Greek authorities had violated inter alia her right to personal liberty and security and her right to an effective legal remedy to complaint for her rights’ violations.

The ECtHR’s Judgement

The court found that not only did the Greek authorities violate A.R.E.’s right to ask for international protection but that they illegally detained her and took her belongings (her shoes, mobile phone and money). The Court found that the victim was illegally detained by the Greek authorities before her pushback.

This is further confirmation that the arrest and detention of irregular migrants – that is, a kind of temporary forced disappearance – formed part of the modus operandi noted in connection with the practice of “pushbacks.”

It also found that the Greek judicial authorities failed to conduct an effective criminal investigation and archived A.R.E.'s criminal complaint despite the prima facie evidence.

The court confirmed what survivors, Greek human rights defenders, independent authorities, international organisations and the UN have reported for years – that the Greek state’s use of pushbacks is systematic. Even though pushbacks are illegal, the Greek state has been using them as planned but unofficial de facto policy.

Greek human rights defenders have repeatedly highlighted that while Greek authorities have been breaking the law with impunity, they have criminalised humanitarians, like Seán Binder, and lawyers and human rights defenders including colleagues in the Greek Council for Refugees.

“This landmark judgement is a great victory for human rights. The European Court’s recognition of the illegal and systematic practice of pushbacks of the Greek state is a vindication for thousands of victims at the EU’s external borders. Ιt is also a vindication for all human rights defenders criminalised and targeted for supporting victims of pushbacks committed by the Greek authorities.”

— Alkistis Agrafioti Chatzigianni, Advocacy Officer and Lawyer at the Greek Council for Refugees.

A Wake-Up Call for the European Union

The ECtHR’s judgement is not only a condemnation of Greece’s pushback practices, but also a wake-up call for the entire European Union.

Pushbacks are not isolated incidents, but similar reports have emerged from other member states, including Hungary, Croatia, and Poland. The systematic violation of human rights at Europe's external borders undermines the credibility of the European Union.

When authorities themselves are the ones breaking the law, it is particularly frightening. The European Court has affirmed that a state cannot simply turn its back on international law and the values to which it gives expression.

What’s next

There are more rulings to come; more than 30 applications against Greece are pending before the ECtHR that entail alleged ill-treatment at the EU’s external borders.

The ECtHR ruling is an opportunity for the European Union member states, including Ireland, to reaffirm our commitment to international law, human rights and our shared values. There is a lot of work to be done to achieve human rights at our borders but human rights defenders all around Europe are ready to continue this work.