Breaking the Silence: The ECtHR’s Verdict on Greece’s Border Violence and Pushbacks
What is a pushback? According to Breen (2016) “pushbacks constitute irregular returns of refugees or migrants to neighboring states from within a state’s territory without any form of individual screening”. They are often carried out secretly and violently, putting human life in danger. In the media we might read the term illegal pushback, although in fact, all pushbacks violate human rights and are therefore illegal. Pushbacks have been reported at Europe’s borders since 2015, but in recent weeks, official recognition of the practice has brought them back to the forefront of public consciousness.
On the 7th of January, the European Court of Human Rights (ECtHR) ruled on a case brought by a woman with the initials A.R.E. against the Greek state, who survived a pushback, detention and other forms of violence at the border with Turkey. The court found Greece guilty, accepting that A.R.E. was illegally detained by the Greek authorities before the pushback. The decision also addressed the lack of an effective criminal investigation into A.R.E.’s complaint by the Greek authorities, who ignored evidence and archived the case. According to the court, the Greek state violated the following rights, outlined in the European Convention on Human Rights: prohibition on torture and other cruel, inhuman or degrading treatment (Article 3), the right to liberty and security (Article 5), and the right to an effective remedy (Article 13).
As well as finding Greece guilty in this individual case, the court condemned the “systematic practice of pushbacks by the Greek authorities of third-country citizens from the Evros region to Turkey”. This decision is symbolic on many levels. It shows the long-awaited recognition by the EU of the fact that international law is not being respected at its borders. This alone is impactful, as it gives visibility to and legitimises the widespread reports of border violence since 2015. Furthermore, it paves the path for similar cases in the future, and should act as a deterrent to the Greek and other states that engage in this practice – the ECtHR is currently examining 47 similar cases of pushbacks from Greece to Turkey. The recognition by the court was surprising to many, since the Greek state and EU institutions have long denied this practice, which clearly opposes the humanitarian values which they claim to defend. Specifically, on the 7th of October, 2021 the Greek Ministry of Migration and Asylum declared: “We categorically deny the allegations of pushbacks. The Greek borders are EU borders and we operate within the framework of international and European law to protect them. Illegal flows are extremely dangerous and should be prevented in accordance with the 2016 Joint Declaration, which the EU must ensure is properly implemented. Europe remains a target for smuggling rings that exploit people who wish to enter the EU illegally. We make no apologies for our continued commitment to dismantling these trafficking networks and protecting Europe’s borders.”
The ECtHR’s decision, although important, is only a small step in the ongoing fight against border violence at the edges of Europe. The practice of pushbacks continues to affect the lives of thousands of people on the move. In 2022, it was reported that the Greek state pushed at least 27,464 people back to Turkey. The European Border and Coastguard Agency, Frontex, was directly involved in 122 pushbacks, and was aware of 400 more (govwatch, 2022). One of the most notable examples of pushbacks is the Pylos shipwreck in June 2023 where 750 people lost their lives, as the coastguard did everything it could to prevent the ship from reaching safety. Many more people have drowned in the Aegean, lost family members and by being forced back, they have been exposed to the conditions they were trying to escape from. Pushbacks are a direct violation of international law, restricting people’s access to the rights of safety and freedom. Reports of pushbacks also include incidences of abduction, and sexual and physical violence from from the authorities.
The Greek Ministry of Asylum and Migration has not yet made a comment on the decision. This silence is symbolic, especially since it is combined with an increase of border control personnel along Greece’s borders. Rather than condemning the individuals and institutions who carry out pushbacks, the state chooses to continue to facilitate this illegal practice by increasing funding allocated to institutions that commit it. The message is clear : people on the move are not invited, and if they try to come to Greece they will be punished. This message is reiterated on a european-wide level; reports of pushbacks are not limited to Greek borders.
The ECtHR’s decision is a win for A.R.E., for all the people who have survived pushbacks and for all who are fighting against injustice. It’s also a reminder to continue advocating for human rights. However, as Audrey Lorde said “The master’s tools will never dismantle the master’s house”. This decision is an important step in exposing European necropolitics, but its impact on border enforcement, and other practices which contribute to anti-refugee policies across the EU remains to be seen. We should continue to fight for safe movement, open borders and freedom from detention and camps as a reception policy.
Written by Lara Stauss and Orsalia Papadimitriou
Resources:
Strasbourg court finds Greece guilty of ‘systematic’ pushback of asylum seekers
ECCHR: Greece’s systematic pushback practice confirmed by European Court of Human Rights
ECCHR: Bringing Greek push-backs to justice
Έρευνα αποκαλύπτει 1.018 επαναπροωθήσεις προσφύγων από τις ελληνικές Αρχές – govwatch
