December 2024
The European Court of Human Rights issues its first rulings on pushback operations in Greece
On 7 January 2025 the European Court of Human Rights will issue its rulings in the cases of A.R.E. v. Greece (15783/21) and G.R.J. v. Greece (15067/21). These are the first rulings of the Court which deal with complaints on the pushbacks of refugees from Greece to Turkey. The first one concerns the alleged pushback of a Turkish woman from Evros in 2019 (A.R.E. v. Greece) and the second one refers to the alleged pushback of an Afghan unaccompanied minor from Samos island in 2020. In June 2024, the Court had held an oral hearing for these two cases. The Applicant in A.R.E. v. Greece case was represented before the Greek Courts and the European Court of Human Rights by the Greek Council for Refugees. The rulings will be published on the Court's website.
Pylos shipwreck: The absence of any investigation into the responsibilities of the competent search and rescue bodies and the leadership of the Greek Coast Guard is deafening.
The lawyers of the survivors and victims of the shipwreck, including the Legal Unit of the Greek Council for Refugees (GCR), highlight serious shortcomings in the investigation of the Pylos shipwreck in a statement on the closure of the preliminary examination of the Naval Court of Piraeus. Inter alia, they point out that the competent Public Prosecutor's office did not summon for written explanations those legally responsible for the failures and omissions of the Search and Rescue operation, namely the competent bodies of the National Search and Rescue Coordination Centre, the Operations Centre and their hierarchical superiors, i.e. the leadership of the Coast Guard - Read the full statement.
Repeated tragedies in the Aegean
UN agencies have urged states to "do more to protect the lives of refugees and migrants at sea" as a growing number of people have lost their lives in shipwrecks in the Aegean in recent months."For many, boarding unseaworthy vessels appears to be the only option to escape conflict or persecution", the UNHCR said, sounding the alarm over the loss of life in the Aegean and calling for"credible and safer alternatives". On 20 December 2014, 8 people lost their lives when the boat they were in collided with the Coast Guard vessel off the island of Rhodes. One child is still missingIt is recalled that the European Court of Human Rights has underlined that any patrol operation of the Coast Guard should be carried out in such a way as to minimise the potential risk to the lives of those on board - see Alkhatib and Others v. Greece, 16 January 2024, para. 142.
Gaps in the protection of refugee children.
The prolonged stay of unaccompanied minors at the Reception and Identification Centre (RIC) of Malakasa is not acceptable, says the Greek Ombudsman on Children's Rights, following a complaint submitted by the GCR.
The Independent Authority underlines that "there is a strong concern about whether the conditions of their accommodation meet the required security and protection" and further notes that "the image of the RICs and CCAC (Closed Controlled Access Centers), based on the observed security features (double NATO-type barbed wire fences, turnstiles, surveillance systems, etc.), is more like a detention center than a reception and accommodation facility and may have a negative impact on the mental health of the residents, especially the vulnerable persons" - Read the Intervention of the Greek Ombudsman on Children's Rights.
It is recalled that hundreds of unaccompanied children remain in RICs and CCASs on the mainland and islands for prolonged periods and under a de facto restriction of liberty, pending their placement in shelters for unaccompanied minors. "The conditions of their reception in 'safe zones' within Reception and Identification Centres (RICs) and Closed Controlled Access Centres (CCACs) put unaccompanied children at risk, while at the same time they do not have adequate and timely access to basic services, including that of guardianship," underline 12 organisations - members of the Child Rights Advocacy Network, including GCR - in a joint statement. In the last 12 months, the number of available shelter places has decreased by 14.6% (2260 places in January 2024 compared to 1930 in December 2024).
At the same time, a new joint report by GCR and Save the Children, 'It doesn't feel like real life', documents the inadequate conditions faced by refugee children living with their families in camps on the mainland. Feelings of isolation, inadequate health/mental health services, poor food quality, poor living conditions, limited access to interpretation services and barriers to access and education are among the key findings of the report. “This new report is the first time a study has focused on the perceptions of life in the camps from a child-centred perspective and brings at the forefront their voices, as children within families are often believed to be in a better situation than children arrived alone, but that’s not always the case”, the authors note - Read the full report.
Third Party Intervention of the Greek Council for Refugees at the European Court of Human Rights
The lack of effective investigation by the Greek judiciary into allegations of pushback is documented in a Third Party Intervention submitted by the Greek Council for Refugees to the European Court of Human Rights. GCR refers to the official statistics of the Greek authorities, according to which no case of pushback has been referred to a Greek court, and at the same time points to systemic deficiencies in the relevant investigations of the Greek judiciary - read GCR's Third Party Intervention.
Single-member composition of Appeals Committees incompatible with the Constitution
The Plenary of the Council of State has ruled that the provisions concerning the single-member composition of the Independent Appeals Committees are incompatible with the Constitution, in response to a preliminary question raised by the Administrative Court of First Instance of Thessaloniki. The single-member Appeals Committees are administrative bodies, constituted by a judge, which examine Appeals against first instance decisions rejecting applications for international protection. The single-member composition of these Committees was first introduced by a law of November 2019 (L. 4636/2019). This legislation has been widely criticised for introducing significant limitations to the fair and effective examination of asylum applications.
The Greek Council for Refugees has pointed out that the relevant provisions on the single-member composition of the Appeals Committees are incompatible with the Constitution, already at the stage of consultation on the proposed bill of law, as well as in an Application for Annulment before the Council of State.
Concluding Observations of the UN Committee on the Elimination of Racial Discrimination & Letter from the UN Special Rapporteur on trafficking in persons, especially women and children, to the Greek Authorities.
The lack of information on effective judicial investigations into allegations of refoulement and forced returns of migrants and asylum-seekers, as well as human rights violations, including the use of violence, inhuman and degrading treatment and arbitrary detention, committed by law enforcement officials at the borders against migrants, asylum-seekers and refugees, is highlighted, inter alia, in the recent Concluding Observations on Greece of the UN Committee on the Elimination of Racial Discrimination.
Furthermore, in a letter to the Greek Authorities, the UN Special Rapporteur on trafficking in persons, in particular women and children, expresses her concern about the reported failure of the authorities to provide protection to women and girls asylum seekers, victims of trafficking, as well as the reception conditions in the Closed Controlled Access Center (CCAC) of Samos, which resembles "prison architecture and management".
Asylum applications by Syrian nationals
In a new position issued in the wake of recent developments in the country, UNHCR calls on the competent authorities of host countries to refrain from forced returns of Syrian nationals and to suspend any negative decisions on asylum applications of Syrian nationals until the situation in Syria has stabilised and reliable information on the situation in Syria is available. Furthermore, and by taking into account, inter alia, the large-scale humanitarian crisis and the widespread destruction and damage to housing and critical infrastructure, UNHCR "does not encourage large-scale voluntary repatriation to Syria". At the same time, the Greek authorities, along with a small number of EU member states, have decided to suspend all new decisions on asylum applications submitted by Syrian nationals.
Access to justice
A new GCR report highlights the challenges and barriers refugees face in accessing justice in Greece - from a lack of information about their rights to the high cost of legal representation and limited trust in the justice system. The Report has been supported with the support of the of the Border Criminologies of the University of Oxford, - Read the full report.
