Introduction
Greece’s compliance with the principle of non-refoulment has come into question in light of the recent refugee pushback implications at the country’s borders.[1] This basic concept forbids people from being sent back to countries where they could risk losing their freedom or even their lives. Refugees’ rights to protection may be violated if they are forcibly returned to countries where they face the danger of persecution. This paper aims to examine the legislative framework, current practices, and relevant case law in Greece relating to pushbacks and to determine how well they conform to the non-refoulment principle. Additionally, this paper will answer the following research question (/sub-questions): To what extent do the pushbacks of refugees in Greece align with the principle of non-refoulement under international refugee law, and what are the implications for protecting refugee rights? Sub-questions:
What is the legal framework governing non-refoulement under international refugee law, and how does it apply to the pushback of refugees in Greece?
What are the reported instances and circumstances of pushbacks of refugees in Greece- as documented by organizations like ECRE, HRW, and Amnesty International-?
How has the European Court of Human Rights and other legal mechanisms interpreted and responded to the pushback issue in Greece?
What are the implications of the pushbacks on the human rights of refugees in Greece, particularly in terms of their right to seek asylum and protection from refoulement?
The predominance of pushback implications at Greece’s borders is frightening, so that is why we are focusing on it. The European Council for Refugees and Exiles (ECRE), Human Rights Watch (HRW), and Amnesty International are just a few human rights groups that have recorded widespread pushback in Greece. These studies highlight the critical necessity to investigate the human rights and legal repercussions of refugee deportations in Greece.
The major objective of this article is to investigate to what extent some exceptions to the obligation of non-refoulment can be possible or what the implications of pushback practices for Greece as a state bound by non-refoulment and other IRL and IHRL instruments. To answer this topic, the study will examine various related but distinct questions. As a first step, it will analyze the implications of the pushback of refugees in Greece through the lens of the principle of nonrefoulement under international refugee law. As part of this investigation, we will examine applicable norms of international law, including treaties, conventions, and customs.
Second, this article will explore the reported incidents and circumstances of the extent of pushbacks in Greece using evidence gathered from reliable sources like ECRE, HRW, and Amnesty International. This research aims to present a broad picture of pushback implications in Greece by spotting trends, patterns, and possible violations of non-refoulement norms.
More so, this study will evaluate how judicial instruments like the European Court of Human Rights have responded to the pushback problem in Greece. This paper will examine the interpretation and response of these legal entities to the difficulties of pushbacks and their conformity with the norm of non-refoulement by examining relevant case law and decisions.
Finally, the study will examine the implications of pushback practices for Greece as a state bound by non-refoulment and other IRL and IHRL instruments, paying particular attention to the refugees’ ability to seek asylum and avoid refoulement. The investigation will examine how pushbacks affect the safety, health, and availability of legal remedies for the refugees who experience them.
This article will use a variety of qualitative research approaches, including a review of the law, a survey of relevant literature, and an analysis of the supporting documents. To determine the legal parameters within which non-refoulement can be enforced, the analyst will conduct a comprehensive review of applicable international treaties, conventions, and case law. Academic articles, human rights organization reports, and government records will all be included in the literature review of resistance in Greece. By reviewing the available data, we can confirm the claims of various parties involved and pinpoint the situations in which pushbacks occurred.
The paper will be organized so the reader can follow consistent and reasonable reasoning to a definitive conclusion. The next parts investigate to what extent some exceptions to the obligation of non-refoulment can be possible or the implications of pushback practices for Greece as a state bound by non-refoulment and other IRL and IHRL instruments. This paper’s overarching goal is to aid in understanding to investigate to what extent some exceptions to the obligation of non-refoulment can be possible or what the implications of pushbacks practices for Greece as a state bound by non-refoulment and other IRL and IHRL instruments” by examining these factors.
Legal Framework and Principles
Non-refoulement is a crucial concept of international refugee law that protects asylum-seekers by preventing their return to countries where they may be persecuted, tortured, or otherwise harmed. In addition to the 1951 Refugee Convention and its 1967 Protocol, non-refoulement is also contained in regional instruments like the European Convention on Human Rights.[2]
It is against the law for a state to send an asylum seeker or refugee back to their home country if doing so would endanger the person’s life or freedom.[3] This principle is about people escaping persecution or serious injury deserving international protection and must not be refouled (put back in harm’s way).
The principle of non-refoulement is of utmost relevance in light of the implication of refugees’ pushbacks in Greece. Refugees are often forcibly returned at borders without determining if they require protection or how to access asylum procedures. [4]If these pushbacks are successful, refugees may be deported to countries where they risk persecution or violence.
Both international and regional instruments govern the pullbacks in Greece. Greece is a signatory to several international human rights and refugee conventions.[5] As such, it is required to treat refugees and asylum seekers following the principle of non-refoulement.
Non-refoulement has been controversial and under criticism for its application to pushbacks in Greece.[6] The Greek government has engaged in pushback tactics, sending asylum seekers and refugees back to Turkey or their home countries without giving due attention to the protection needs of the individuals or the availability of asylum proceedings. Potentially undermining the rights and safety of persons seeking international protection, these activities may breach the principle of non-refoulement.
The importance of non-refoulement and the need for governments to uphold their responsibilities have been emphasized by the European Court of Human Rights and other international authorities. European Court should not do anything that would breach the principle of non-refoulement.[7] Instead, they should establish adequate measures to avoid refoulement, guarantee access to fair and efficient asylum procedures, and prevent people from being forcibly returned. To sum up, the obligation of governments to protect refugees from being returned to situations where their life or freedom would be in danger is established by the legal framework of non-refoulement under international refugee law. The forced returns of migrants in Greece raise questions regarding the fulfillment of non-refoulement commitments because the protection needs of the refugees are not being adequately taken into account. To preserve the safety and security of refugees, Greece and other nations need to follow their legal responsibilities, give access to fair asylum procedures, and observe the principle of non-refoulement.
Practices and Case Studies
Pushbacks refer to Greek authorities returning asylum seekers to Turkey without allowing them to go through Greece’s asylum process. Both Greek law and international law prohibit this.
Reputable groups such as the European Council on Refugees and Exiles (ECRE), Human Rights Watch (HRW), and Amnesty International have widely documented a troubling pattern of refugee pushback in Greece over the years. These accounts highlight asylum seekers’ harsh realities, shedding light on severe violations.[8] All sorts of horrible violence, including beatings, tear gas, and water cannons, have been observed to force refugees back into Turkey. [9]The already precarious situation of these people has been made much more severe by reports of the deliberate destruction of boats and personal possessions. Some of the most upsetting accounts concern denying core human needs, including food, drink, and medical care, to those seeking asylum. The callous leaving of refugees in dangerous and potentially lethal regions, including the Aegean Sea, has also been documented. [10]These horrifying abuses highlight the terrible situation of refugees in Greece and call for immediate action to stop these human rights violations. There have been fatalities associated with pushbacks. A 20-year-old Syrian woman, for instance, perished in 2020 after being deported to Turkey by Greek authorities.
Although the Greek administration has denied engaging in pushback, the data points in the opposite direction. Greece was found guilty of violating the human rights of asylum seekers forcibly returned to Turkey by the European Court of Human Rights (ECHR).[11] According to the European Court of Human Rights, Greek authorities did not thoroughly inquire into complaints of pushback. They did not take measures to prevent such incidents in the future.
The practice of pushback has grossly violated refugees’ rights. Asylum seekers cannot be sent back to countries where they face persecution; thus, doing so is also against EU law. There has been criticism, but the Greek government has done little to stop the practice. It has been said that the Greek government has been using pushback more frequently in recent weeks. The Greek government’s illegal and brutal handling of refugees demands intervention from the international community. Greece should be subject to an infringement procedure by the European Commission, and the UNHCR should look into the allegations of pushback.
3.1 Examples pushbacks
Some reported cases of refugees being forced back into Greece by authorities are as follows, according to human rights groups:
An extremely upsetting episode occurred in April 2021 when Greek officials forcibly deported 150 Syrian migrants to Turkey.[12] The refugees were subjected to physical abuse on top of the emotional distress caused by their forced relocation. They were beaten, which was traumatic on top of everything else that had happened to them. These disadvantaged people had their belongings stolen, worsening their situation.[13] The denial of food and water further eroded their sense of worth and respectability and contributed to their agony. This egregious cruelty is symbolic of the widespread abuses of human rights that these Syrian refugees have endured.
In May of 2021, a group of approximately 200 Afghan refugees who had made it to the Greek island of Lesbos in search of safety and shelter were involved in a tragic occurrence.[14] These people were treated with anger and violence rather than the help they needed. Greek officials used tear gas as a tool of coercion to force them back to Turkey. This egregious conduct threatened their safety and violated their right to seek refuge. The deployment of tear gas further demonstrates callousness for their safety and an insult to their humanity. This episode vividly illustrates the difficulties Afghan refugees experience and the imperative of showing sympathy and empathy for their condition.
One hundred Iraqi refugees sought sanctuary on the Greek island of Chios in June 2021, and there they encountered another terrible episode.[15] Their expectations were dashed, however, when they were forcibly returned to Turkey rather than allowed to begin the asylum procedure in Greece. Due to this rejection of the asylum process, the continual uncertainty and insecurity that these vulnerable people are subjected to violate international legal commitments.[16] These Iraqi refugees were denied their right to seek protection and access to due process, leaving them at risk of further abuse and unable to rebuild their lives safely. In light of their ordeal, it is more important than ever to have open and honest processes in place to protect the rights of refugees and ensure their safety.
These are only a few documented cases of resistance in Greece. Pushbacks are a severe violation of refugees’ rights and must end immediately. Human rights and European Union legislation have been grossly violated by the Greek government’s practice of forcibly returning migrants. The Greek government must act immediately to end this practice and be held accountable for its actions by the international community.
Interpretations and Responses by Legal Mechanisms
The European Court of Human Rights (ECHR) and other international agencies have looked into the problem of refugee pushback in Greece. These organizations have assessed the situation and responded by analyzing the human rights breaches during pushback episodes and comparing such violations to Greece’s legal commitments.
The European Court of Human Rights (ECHR), the judicial authority responsible for interpreting the ECHR, has been instrumental in resolving refugee repatriation issues in Greece.[17] It has created a precedent that defines how nations must deal with asylum seekers and why mass expulsions are illegal. The Supreme Court has repeatedly ruled that countries must evaluate asylum requests individually and offer appropriate recourse for people at risk of refoulement (return to persecution).
The European Court of Human Rights has looked at pushback instances in Greece and found multiple violations in the case of MSS v. Belgium and Greece.[18] The court ruled that the conditions in Greece violated Article 3 (prohibition of inhuman or degrading treatment) due to inadequate reception facilities and systemic inadequacies in the asylum system.
The European Court of Human Rights has also looked at cases involving refugees being turned back from Greek waters and the land border with Turkey. Non-refoulement and the ban on mass expulsions are violated when such measures are taken, as the court has repeatedly ruled.[19] It has highlighted the need for nations to ensure that asylum seekers have access to fair and effective procedures and that any returns are carried out in a way compliant with human rights protections.
The European Court of Human Rights and other international agencies and organizations denounced the pushback of refugees in Greece. Amnesty International, Human Rights Watch, and the United Nations High Commissioner for Refugees (UNHCR) are just a few human rights groups that have documented and reported the abuses. They want Greece to defend the rights of refugees and anyone seeking asylum as international law requires.
The pushback problem in Greece has yet to be solved despite these legal interpretations and condemnations.[20] Governments and relevant authorities often need to make concerted efforts to execute court judgments and enforce legal systems to ensure that international human rights norms are met. Human rights organizations must continue highlighting these abuses and pushing for greater accountability and better refugee protection in Greece and internationally.
Implications for Refugee Rights
Refugees in Greece have been forcibly removed from the country, which has had severe consequences for their human rights, especially their right to asylum and protection from refoulement.[21] These measures, which include the compulsory return of people seeking sanctuary, violate the most fundamental norms of international law and have severe consequences for the people involved. In this section, we will examine the effects of such pushbacks on the fundamental rights of refugees in Greece, with particular attention paid to their ability to seek asylum and avoid being refouled. Pushbacks violate refugees’ rights, perpetuate their vulnerability, and subject them to more harm, as is made clear by investigating the legal framework and assessing the impact on individuals.
5.1 The Legality of Seeking Asylum
International legal treaties, such as the Universal Declaration of Human Rights and the 1951 Refugee Convention, recognize the right to seek asylum as an inalienable human right.[22] However, pushbacks in Greece erode this privilege by making it more difficult for refugees to enter the asylum process and present their protection claims. These pushbacks violate international legal commitments by removing asylum-seekers against their will and preventing refugees from using the processes set up to protect their rights. This seriously undermines the essence of the right to seek asylum by making it more difficult for refugees to find protection and security and have their views heard.
5.2 Procedures for Seeking Asylum Are Being Denied
Pushbacks frequently entail the interception of individuals at sea or along borders and their subsequent return to their countries of origin or transit from Greece. The principle of nonrefoulement forbids returning people to countries where they face a risk to their life or freedom. Hence this refusal to participate in asylum procedures is illegal.
Refusing to evaluate a refugee’s protection needs, specific circumstances, or the legitimacy of their asylum application before intercepting and returning them violates the law and violates their human rights. Determining their eligibility for international protection prevents them from seeking safety and accessing fair and effective asylum processes. Greece violates its legal duties and is putting people in danger of more significant damage and persecution by refusing to cooperate in asylum procedures and executing pushbacks. In light of this requirement to shield people from the threats they’re trying to flee, the non-refoulement policy was established.
5.3 Consequences for Ethical and Efficient Procedures
Greece violates international law by forcibly returning migrants without giving them a chance to establish their asylum requests.[23] Access to fair and effective asylum processes is vital to verify the integrity of refugee claims, guarantee protection from persecution, and uphold the principle of non-refoulement. For several reasons, people must have access to reliable asylum procedures. To begin with, it makes it possible to carefully evaluate refugee claims, guaranteeing that people fleeing persecution or other types of suffering will be afforded the safety they seek. By not allowing asylum seekers to present their cases, Greece is ignoring the importance of conducting a thorough evaluation and putting the lives of vulnerable people at risk.
In addition, the principle of non-refoulement, which forbids returning people to countries where they may risk persecution, torture, or other serious human rights violations, is upheld by fair and effective asylum processes.[24] Greece violates its legal responsibilities by refusing migrants access to such proceedings, which puts them at risk of being returned to potentially unsafe conditions.
The credibility of the international protection system is preserved through just and efficient asylum procedures.[25] These procedures help guarantee that those with legitimate claims of refugee status receive the assistance and protections they are entitled to under international law by allowing them to present their cases. In conclusion, Greece is breaking international law when it returns refugees without giving them a chance to prove their asylum claims.[26] For refugee claims to be validated, asylum seekers to be shielded from persecution, and the principle of non-refoulement to be upheld, access to fair and effective asylum proceedings is essential. Like other nations, Greece is responsible for ensuring that asylum seekers have access to legal channels for doing so and that they are treated fairly once they begin the process.
5.4 Refoulement Prevention Measures
The principle of non-refoulement is fundamental to protecting refugees since it forbids their return to countries where they would be at risk of persecution. Refugees’ continued precarity directly resulted from the implications of pushbacks in Greece, which breached this principle and put them in harm’s way. Greece has ignored its international legal commitments and put refugee lives in peril by engaging in pushback.[27] The concept of non-refoulement, which prohibits returning refugees to the same dangerous conditions they fled, is being violated here. Refugees’ continued vulnerability directly results from pushback, violating the non-refoulement principle. Greece’s practice of forcible returns deprives people of the protection they are entitled to under international law and exposes them to immediate danger of persecution or damage.
A violation of the non-refoulement principle can have far-reaching and severe repercussions. Human rights breaches, discrimination, and economic exploitation are persistent problems for refugees. Fewer opportunities for life-sustaining services like healthcare and education exacerbate their precarious situation.[28] To sum up, non-refoulement is an essential protection for refugees since it prevents them from being sent back to countries where they would be persecuted. Refugees’ already precarious situation has been made even more so by pushbacks in Greece, which violates this principle and exposes them to additional risks and suffering.[29] Greece and the rest of the international community must ensure that refugees are given the protection they are due under the principle of non-refoulement.
5.5 The Danger of Human Rights Violations and Persecution
Returning refugees to countries where they may experience persecution, violence, or human rights abuses is a common form of “pushback.”[30] This endangers specific people and weakens international efforts to safeguard those forced to flee persecution.
Inadequate Personal Evaluations: Authorities cannot determine each refugee’s unique conditions and protection requirements due to the lack of individual assessments during pushbacks.[31] This general rule could result in the refoulement of people with legitimate asylum claims, violating the principle of personal protection.
5.6 Consequences for Freedom and Happiness
The current pushbacks in Greece seriously threaten refugees’ human rights and safety. These measures decrease their safety, raise their risk of danger, and cut them off from vital resources. The Greek government’s current pushback tactics violate international refugee law and the principles of compassion, solidarity, and accountability upon which that legislation is based, which in turn violates the human rights of refugees.[32] They keep people who have been through a lot in a cycle of marginalization, isolation, and insecurity. To solve this problem, we need to take a holistic and rights-based approach. It requires a dedication to protecting refugees from harm, giving them access to fair and effective asylum processes, and adhering to the principle of non-refoulement. To address the fundamental requirements of refugees and ease their suffering, sufficient resources, support networks, and humanitarian aid must be made available to them.
Injury, Both Real and Imagined
Victims of pushbacks are frequently exposed to physical abuse, including beatings, tear gas, and water cannons.[33] Consequences for the abused person and their loved ones can endure a lifetime because of the physical harm, psychological stress, and mental health deterioration resulting from abuse.
5.6 Refusal to Provide Necessary Items
During setbacks, refugees are frequently cut off from life-sustaining resources, including food, water, and medical care.[34] This undermines their right to a dignified life and risks their health and safety by denying them essential requirements.
As a result of the damage to their boats and belongings during pushbacks, many refugees end themselves destitute and homeless.[35] Beyond the immediate risks and denial of rights, the effects of pushbacks on refugees in Greece are far-reaching. It typically results in poverty and homelessness, worsening the lives of already vulnerable people. Boats used by refugees on their dangerous crossing of the sea are often destroyed as a result of pushback.[36] Frequently packed and in disrepair, these boats are a lifeline for those seeking shelter. However, Greek authorities frequently burn these boats during pushbacks, rendering them unseaworthy and leaving refugees stranded and vulnerable to more significant hazards.
Pushbacks severely violate refugees’ human rights and must end immediately. The Greek government must immediately halt this practice and guarantee that asylum seekers in Greece can do so in safety and respect.
Conclusion
Greek refugee deportations have sparked serious questions about whether or not the country is abiding by the non-refoulement norm of international refugee law. This study argues and provides evidence that such pushbacks are contrary to the non-refoulment principle and, thus, detrimental to preserving refugee rights.
According to the study’s authors, asylum procedure denial has emerged as a major problem stemming from pushbacks. Forcibly returning migrants without giving them a chance to present their asylum applications violates international law, which Greece has repeatedly ignored. The right to seek asylum is undermined, depriving people fleeing persecution or violence of the necessary safety.
Refugees’ safety and human rights are at serious risk due to pushbacks in Greece. The victims’ fragility and right to a decent existence have been further compromised by the physical violence and psychological trauma they have suffered due to these episodes. Depriving them of food, water, and medical attention only worsens their suffering and violates their fundamental human rights.
Most concerning is the frequency with which pushbacks breach the concept of non-refoulement. Greece subjected people to identical persecution or violence from which they were trying to flee by sending them back to places where their lives or freedom were in danger. The concept of personal protection is violated by the absence of individual evaluations and the blanket approach to these returns, which fails to consider each refugee’s specific circumstances and protection needs.
These results have far-reaching repercussions. Refusing to accept asylum-seekers in Greece not only violates their human rights but also leaves them more vulnerable to abuse. Greece must examine its policies and ensure they align with international refugee law. Non-refoulement and individual protection must be prioritized in the design and implementation of asylum processes.
Finally, the Greek government is not abiding by the non-refoulement principle or protecting the rights of refugees by forcing them back. The adverse effects on refugees’ lives, including their inability to access asylum processes, the threat of persecution, and the violation of their human rights, all highlight the urgent need for institutional change. Measures must be taken to rectify these transgressions, encourage conformity with international responsibilities, and guarantee that refugees in Greece receive the required protection and assistance. Refugees’ rights and dignity can only be restored via such actions.
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[1] Cortinovis, R. (2021). Pushbacks and lack of accountability at the Greek-Turkish borders.
[2] Benhabib, Seyla. “The end of the 1951 refugee convention? Dilemmas of sovereignty, territoriality, and human rights.” Jus Cogens 2, no. 1 (2020): 75–100.
[3] Benhabib, Seyla 2
[4] Dicle Ergin, Ayşe. “Protection” or “Instrumentalization” of Refugees: Will the European Court of Human Rights Fill in the Gaps in Pushback Cases After the Greece/Turkey Border Events?” In The Formalization of the EU’s External Action in the Field of Migration and Asylum, 193-234, 2022.
[5] Uzun, Elif Durmuş. “Pushback of Refugees Under International Law: A Conceptual Analysis.” Annales de la Faculté de Droit d’Istanbul, no. 71 (2022): 497-538.
[6] Syahrin, Muhammad Aqil. “The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law.” JILS 6 (2021): 53.
[7] Kalogeraki, Stefania. “Attitudes towards Syrian refugees during the ‘refugee crisis’ in Greece.” In Challenging Mobilities in and to the EU during Times of Crises: The Case of Greece, pp. 91-111. Cham: Springer International Publishing, 2022.
[8] Cabot, Heath. “The European refugee crisis and humanitarian citizenship in Greece.” Ethnos 84, no. 5 (2019): 747-771.
[9] “European Court Slams Greece Over Deadly Migrant Pushback.” Human Rights Watch, July 8, 2022. Accessed N/A. https://www.hrw.org/news/2022/07/08/european-court-slams-greece-over-deadly-migrant-pushback.
[10] Tsitselikis, Konstantinos. “Refugees in Greece: Facing a Multifaceted Labyrinth.” International Migration 57, no. 2 (2019): 158-175.
[11] Esposito, Gaia. “Migrant women, violence, and the securitization of European borders: how asylum regimes endanger the lives of migrant women.” (2023).
[12] Müller-Brandeck-Bocquet, Gerald. “Angela Merkel and the Refugee Crisis of 2015: Events, Decisions, and Consequences.” In Germany and the European Union: How Chancellor Angela Merkel Shaped Europe, 61-79. Cham: Springer International Publishing, 2022.
[13] Müller-Brandeck-Bocquet 2
[14] Yıldız, Ayşenur. “Impact of the EU–Turkey statement on smugglers’ operations in the Aegean and Migrants’ decisions to engage with smugglers.” International Migration 59, no. 4 (2021): 141–157.
[15] Islands, Golden. “Testimonies from the.” In The New Internationalists: Activist Volunteers in the European Refugee Crisis, 59. 2020.
[16] Islands, Golden. 2
[17] Feria-Tinta, Marc. “The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and due diligence in climate change cases.” In Human Rights and the Planet, edited by D. Shelton, 172-194. Edward Elgar Publishing, 2022.
[18] Dembour, Marie-Bénédicte. “An anthropological approach to MSS v Belgium and Greece.” In Research Methods for International Human Rights Law, edited by S. Ssenyonjo and R. Grosse Ruse-Khan, 227-249. Routledge, 2019.
[19] Feria-Tinta, Marc 3
[20] Karyda, Katerina, and Katerina Stouka. “Addressing the Needs of Refugees For Health and Education: Have Greece and the EU Done Enough?” European Journal of Humanities and Social Sciences 2, no. 6 (2022): 48-55.
[21] ZisAkou, Alexandra, and Loukia Figgou. “Space as a resource and implication of (inter)group relations and rights: Analyzing discourse on the refugee issue in Greece.” Psychology: The Journal of the Hellenic Psychological Society 24, no. 2 (2019): 150-166.
[22] Nguyen, Le Thanh Ngan. “Protecting the human rights of refugee camps in Thailand: the complementary role of international law on indigenous peoples.” Laws 12, no. 3 (2023): 57.
[23] Nguyen, Le Thanh Ngan. 4
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