"Protect
our laws and humanity!"
Open Letter
by 256 Organizations
To:
Prime
Minister of the Hellenic Republic, Kyriakos Mitsotakis
President
of the European Parliament, David Sassoli
President
of the European Council, Charles Michel
President
of the European Commission, Ursula von der Leyen
Athens, 6
March 2020 – The undersigned organisations are deeply concerned about
recent
developments at the Evros border and the Aegean islands where people are
stranded at
the borders of Europe, instrumentalized for political purposes, and
subject to
violations of their rights. We are also deeply concerned about the way the
authorities
of Greece and the European Union are handling new arrivals. Equally
alarming
are the extreme actions by security forces against refugees and by civilians
against
staff of human rights and humanitarian organizations. We would also like to
point out
that the climate of panic and rhetoric of 'asymmetric threat' –also
promoted by
the authorities– does not reflect reality and seriously affects not only
vulnerable
refugees- but also our society and the rule of law as a whole.
Specifically:
We firmly express
our opposition to the recent decisions of the Greek
Governmental
Council on Foreign Affairs and Defense (KYSEA), and in particular the
adoption of
the Emergency Legislative Decree, which stipulates the suspension of
the right
to seek asylum for all people entering the country and their return without
registration,
to their countries of origin or transit. Applying such a regulatory
provision
is inhumane and illegal as it violates the fundamental principle of
nonrefoulement, incurs international responsibilities for Greece and endangers
human
lives. It
is beyond dispute that Greece has the sovereign competence to control its
borders and
to manage any crossings there. Nevertheless, the right to seek asylum is
a
fundamental human right enshrined in the Universal Declaration of Human Rights
and the EU
Charter of Fundamental Rights.
We also
denounce the attacks on organizations that defend human rights and
humanitarian
organizations, noting that without the support of these organizations,
the refugee
management system in Greece would collapse. In addition, solidarity has
been
stigmatized and become the target of suspicion, which has been also
exacerbated
by members of the Government, fomenting violence and lawlessness in
society in
general. We denounce any statements, actions or policies that foment or
tolerate
bigotry.
We call
upon the Greek Government to:
• Withdraw
the illegal and unconstitutional Emergency Legislative Decree and to
respect the
obligations of the Greek State concerning the protection of human life
and rescue
at sea and at the land borders.
•
Immediately stop returning people to states where their lives and freedom are
at
risk, or
where they are at risk of being subjected to torture or other inhuman or
degrading
treatment or punishment.
•
Immediately alleviate overcrowding on the islands by relocating asylum seekers
to the
mainland, protecting their well-being and health. Priority should be given to
the most
vulnerable, unaccompanied minors and families with children.
• Take the
necessary measures to protect every person from acts of violence,
victimization
and racism.
We recall
that the EU should assume substantial responsibilities for the protection
of people
on the move in a manner that demonstrates respect for human dignity
and lawfulness
and as a matter of shared responsibility among EU member states in
the context
of managing what is, first and foremost, a European issue. The right to
asylum and
the respect for the principle of non-refoulement are fundamental
elements of
international and EU law and therefore the authorities of the European
Union must
take the necessary measures for their protection.
Therefore:
• The
European Commission, as the guardian of the Treaties, should protect the
right to
asylum as enshrined in EU law. Therefore, it should reverse the “aspida
(shield)”
rhetoric used by Greece and urge it to assume its legal obligations.
• EU Member
States should re-establish immediately the mechanisms for the
relocation
of refugees and asylum seekers from Greece to other Member States, in
a fair and
rational manner, with priority given to unaccompanied children. EU
Member
States should increase resettlement of refugees directly from Turkey.
• EU Member
States and institutions should revise the EU-Turkey Statement, which –
in addition
to legal lacunae– has now proven to be an unpredictable and
unsustainable
political tool for border management.
In closing,
we call on all sides to respect the law and safeguard European democratic
values. Any
further backsliding will have major consequences on European societies,
European
democracy and the rule of law.
List of
Signatories