Τρίτη 31 Ιανουαρίου 2023

[EN] GREECE: VIOLATIONS AND DEFLECTION CONTINUE AS DOES EU SUPPORT AND WILL-FULL ‘IGNORANCE’, EUAA JOINS FRONTEX ON CONTROVERSY LIST, UNSAFE TURKIYE REMAINS ‘SAFE’ THIRD COUNTRY

As Greece continues systematic violations, of EU and international law the Union continues to supply declarations of support and billion Euro funding and fails to acknowledge and act on mounting evidence. Following the scandals of the EU Border and Coast Guard Agency (Frontex),the EU Asylum Agency (EUAA) is accused of serious misconduct and neglect of human rights obligations. Türkiye is increasingly unsafe for refugees but remains ‘safe’ for asylum seekers in Greece.

There is no shortage of documentation of systematic non-response to alerts of people in distress often in spite of interim measures from the European Court of Human Rights (ECtHR) and pushbacks by land and sea by Greek authorities in violation of EU and international law. Evidence of pushbacks and calls for EU action including from MEPs, investigative journalists, human rights institutions and NGOs have been mounting for years and the Aegean Boat Report alone has compiled evidence from refugees and volunteers documenting the pushback of 48,983 people from Greek islands into Turkish waters between 1 January 2017 to 28 November 2022. Solomon recently ran a feature on “Seven Turkish ex-soldiers and a teacher, convicted this year in their native Turkey over alleged links to the man accused of masterminding a failed 2016 coup” reportedly, the UN Refugee Agency (UNHCR) urged Greek authorities “to provide protection, but instead the men were pushed back to sea and into the arms of the Turkish police”. German media outlet Frankfurter Rundschau recently published a report of the death of the Syrian national, Akram Abdulkadir in July, after being maltreated by Greek militias leaving his body in the Evros region where deaths of people on the move has become “all too commonplace”.

The Greek government has continued to deflect and deny such evidence often referring to Turkish instrumentalisation of migration or finding alternative phrasing such as blocking or averting “illegal” entry. According to the Hellenic Police, more than 230,000 people were “prevented” from entering Greece from January to October this year but as pointed out by Minos Mouzourakis from Refugee Support Aegean (RSA) leaving NGO’s as well as the European Commission “none the wiser on how these stats are counted”. In August this year, the Commission was: “deeply concerned about all reports and allegations of pushbacks and mistreatment, and underlined that: ”Any act of violence or pushback is illegal and must be investigated by the national authorities responsible to establish the facts and take the necessary follow-up actions”. However, the willingness to confront violations in Greece has been modest at EU level and both solidarity declarations from top officials and significant financial support remain the order of the day. Following an extraordinary meeting of the Justice and Home Affairs Council (JHA) on 25 November, Greek Minister of Migration and Asylum, Notis Mitarachi thanked Vice-President of the European Commission, Margaritis Schinas for providing 1.9 billion euros to Greece for the management of migration.

The publishing of a leaked report from the European Anti-Fraud Office (OLAF) on Frontex by Spiegel left NGOs and media with a confirmation of Greek violations. “Even though it wasn’t the main focus of the investigation, the report relentlessly exposes how Greek border guards in the Aegean Sea abandon refugees at sea on inflatable life rafts to prevent them from exercising their right to apply for asylum”, Spiegel wrote at the time. However, an OLAF spokesperson recently rejected that the report can be used as evidence against Greece as it “examined only charges related to Frontex’s internal procedures and regulations during the execution of its officials’ duties”. Reportedly, diplomatic sources in Brussels refer to “strong displeasure within OLAF over the leaking of the report and the attempt to politicize it by distorting its contents and conclusions”. The sources do not clarify how pointing out violations of EU and international law constitutes politicizing or distorting the investigation’s findings.

Scrutiny including by OLAF was part of the pressure on Frontex culminating in the resignation of former executive director, Fabrice Leggeri in April. The agency, currently in the process of finding a replacement for Leggeri, has reached an agreement with the Greek government “on a series of activities which are expected to bring better results in the process of returning irregular migrants to their countries of origin”. Given the recent history of Frontex cooperation with Greece, ECRE remains sceptical of such an agreement. Meanwhile, following claims of serious mismanagement, misconduct and neglect of human rights obligations, OLAF has launched an investigation of the EU Asylum Agency (EUAA). According to Solomon, the allegations “echoes of the scandal that engulfed Frontex”. The NGO founded in Athens, states: “The latest claims suggest serious governance and accountability issues are becoming endemic to the agencies tasked with implementing EU policy towards refugees and migrants. These internal, organisational issues are once again accompanied by an alleged failure to react to human rights violations at the bloc’s borders”. According to Solomon, the agency was asked in August by lawyers from RSA to explain how it had followed up on reported pushbacks with Executive Director Nina Gregori, responding that such reports was “outside of the scope of the Code of Conduct and related incident Report Mechanism”. A spokesperson for the agency stated that while asylum is a fundamental right: “it is likewise absolutely clear that border control – and therefore potential pushbacks – falls under the mandate of Frontex. The EUAA has no competence in border control”. That interpretation is disputed by experts and assistant professor of EU law at the University of Leiden, Melanie Fink, stated: “Their legal obligation does not stem only from their founding regulation,” pointing out: “The entirety of EU law and the EU Charter of Fundamental Rights applies, and they are bound by it. These include positive obligations to react to fundamental rights violations”. The EUAA is currently recruiting an officer to oversee its compliance with its human rights obligations and is expected to create a complaints mechanism similar to the one in place at Frontex.

On 1 December, the Greek government announced the annual update of the list of safe countries of origin and transit. Türkiye remains on the list as a safe third country for applicants for international protection for main refugee groups from Syria, Afghanistan, Pakistan, Bangladesh and Somalia meaning their asylum claims can be deemed inadmissible. According to Minos Mouzourakis, a significant drop in the first instance recognition rates for people originating from those three of those countries – Syria, Afghanistan and Somalia from the second to the third quarter of 2022 is “illustrating safe third country decisions” considering that Eurostat counts safe third country decisions as rejections. NGOs have urged a repeal of the list However, as reported by ECRE the situation for refugees in Türkiye has been deteriorating with increasing hate speech, attacks and deportations. A report on Türkiye by the European Commission related to Neighbourhood Policy and Enlargement Negotiations released on 12 October pointed to: “Recurrent allegations of human rights violations in the field of migration and asylum, particularly in removal centres remain a concern… NGOs have noted reports of detainees being coerced to sign voluntary return forms in removal centres and an increase in hate crimes and incidents motivated by anti-refugee sentiments and are a cause for concern”. In late November Amnesty International and Human Right Watch (HRW) presented their respective reports of Syrian and Afghan refugees facing “arrest, detention, ill-treatment & deportation” in Türkiye to EU officials. The independent Syrian outlet Enab Baladi reports of an “unprecedented turn on the Turkish side” in the approach to people on the move with border guards: “detaining and forcibly deporting them upon their return or during their crossing to Greece”.

For further information:

This article appeared in the ECRE Weekly Bulletin. You can subscribe to the Weekly Bulletin here.

2/12/2022

https://ecre.org/greece-violations-and-deflection-continue-as-does-eu-support-and-will-full-ignorance-euaa-joins-frontex-on-controversy-list-unsafe-turkiye-remains-safe-third-cou/

[EN] RIGHTS GROUPS SLAM GREECE 'WITCH-HUNT' AMID TOUGH MIGRANT STANCE

BY AGENCE FRANCE-PRESSE - AFP

Police officers patrol along a steel fence along Evros River, Greece's river border with Türkiye, June 8, 2021. (AFP Photo)

As Greece continues to toughen its anti-migration stance, the country has waged a "witch-hunt" against refugees as well as their defenders, rights groups have said.

Pro-migration humanitarian groups are reportedly facing increasing hostility with some campaigners stepping away from the struggle.

When dozens of Syrian asylum seekers were stranded on the Greek-Turkish border in July, lawyer Evgenia Kouniaki never imagined taking on their case would lead to her quitting her nongovernmental organization (NGO) in protest at perceived government pressure.

Kouniaki told Agency France-Press (AFP) there were once up to ten people in the Evros region helping victims of controversial "pushback" tactics allegedly used by Greek border forces to return migrants to Türkiye. Athens denies their use.

"Now we are fewer and fewer," she said complaining that she has received less legal work because of her involvement in the sensitive case of the Syrian migrants.

Some 50 humanitarian workers are currently facing prosecution in Greece, following a trend in Italy which has also criminalized the provision of aid to migrants.

"Greek authorities are engaging in a witch-hunt targeting refugees, but also their defenders," 16 rights groups said last month.

The organizations, which included prominent NGOs Refugee Support Aegean, the Greek Council for Refugees and the Greek League for Human Rights, called on the country's authorities to stop "undermining and demonizing" migrant support groups.

Despite in-depth investigations by media and NGOs, alongside abundant testimony from alleged victims, Greek authorities have consistently denied pushbacks.

Greek officials have meanwhile kept up verbal attacks on asylum support groups.

"As a Greek ... I will not work with NGOs that undermine the national interest," deputy migration minister Sofia Voultepsi told state TV ERT in September.

Greece's conservative government, elected in 2019, has vowed to make the country "less attractive" to migrants.

Border wall

Part of that strategy involves extending an existing 40-kilometer (25-mile) wall on the Turkish border in the Evros region by 80 kilometers.

An additional 250 border guards are to be deployed in the area by the end of the year.

But at the Evros River itself, the natural border between Greece and Türkiye, refugees continue to make their way to Europe.

Humanitarians rarely have access to the militarized area, patrolled by police, Greek soldiers and the European border control agency Frontex.

In July, two lawyers were accused of facilitating the illegal entry of migrants while trying to file asylum applications for two Iraqis and five Turks.

In August, the Vienna-based rights group Josoor said Athens was making "immense efforts" to link them to illegal smuggling, filing three cases against them that did not result in convictions. The group ceased operations in October.

"There are very few NGOs left in Greece," Migration Minister Notis Mitarachi told Skai TV this week.

"Among those operating (at the height of the migration crisis) in 2015-2019, the great majority have left the country on their own accord," he said.

Kouniaki's then-group, HumanRights360, was embroiled in a row after assisting the 38 Syrian asylum seekers stranded on an Evros River islet for several days.

The asylum seekers claim that a 5-year-old girl died from a scorpion sting during this time.

But Athens has sought to disprove the claim and has since tried to discredit the aid workers who came to help them.

HumanRights360's manager did a U-turn after initially claiming the islet was Greek, which would have made the migrants Athens' responsibility, eventually saying publicly it was Turkish.

Many of the NGO's staff including Kouniaki quit in protest at the about-face, insisting HumanRights360's hand had been forced by the government.

'Toxic' rhetoric

"We have had to deal with dozens of similar situations ... but this high-profile case embarrassed the government," said Kouniaki, who was denied access to the northern Greek camp where the Syrians were later taken.

Athens has taken steps to control the work of migrant groups, arguing regulation is necessary because they encounter vulnerable people.

New registration requirements were imposed in February 2020. In September 2021, a new law criminalized charities undertaking sea rescues without the approval of the Greek coastguard.

Critics warned the new regulations would impair services to thousands of vulnerable people.

The Council of Europe Commissioner for Human Rights Dunja Mijatovic last year warned the law "would seriously hinder" the NGOs' life-saving work and monitoring.

Anti-NGO rhetoric became "toxic" in February 2020, when Turkish President Recep Tayyip Erdoğan said he would allow asylum seekers aiming for the EU to cross Türkiye's borders, said Lefteris Papagiannakis, director of the Greek Council for Refugees.

"Athens accuses Ankara of instrumentalizing refugees and using them to destabilize Greece. As a result, the NGOs that defend them are described in public discourse as agents of Türkiye," said Papagiannakis.

In June, the U.N.'s Special Rapporteur on Human Rights Defenders Mary Lawlor said there was "increasing criminalization of humanitarian assistance" in Greece.

She also criticized "hostile comments" towards human rights defenders who "are described as traitors, enemies of the state, Turkish agents, criminals and smugglers and traffickers" — sometimes by key government figures.

20/11/2022

https://www.dailysabah.com/world/europe/rights-groups-slam-greece-witch-hunt-amid-tough-migrant-stance

ΤΟ ΑΠΟΡΡΗΤΟ TECH ΠΕΙΡΑΜΑ ΤΟΥ ΕΒΡΟΥ

ΚΩΣΤΑΣ ΚΟΥΚΟΥΜΑΚΑΣ

EXPLAINER VIDEO

Το απόρρητο tech πείραμα του Έβρου

Εκτός από την κατασκευή του φράχτη, δαπανώνται εκατομμύρια ευρώ ελληνικών και ευρωπαϊκών χρημάτων για τη λειτουργία προηγμένων καμερών, ραντάρ, αισθητήρων και drones.

Στον Έβρο, μία από τις σημαντικότερες διαδρομές μεταναστών και προσφύγων προς την Ευρώπη, υλοποιείται τα τελευταία χρόνια ένα tech πείραμα, εν πολλοίς απόρρητο. Εκτός από την κατασκευή του φράχτη, δαπανώνται εκατομμύρια ευρώ ελληνικών και ευρωπαϊκών χρημάτων για τη λειτουργία προηγμένων καμερών, ραντάρ, αισθητήρων και drones.

Στους σιωπηλούς μήνες της πανδημίας δοκιμάστηκαν στον Έβρο αμφιλεγόμενα συστήματα, όπως ένα κανόνι ήχου ή ανιχνευτές ψεύδους με τεχνητή νοημοσύνη.

Γιατί το πείραμα στα ελληνοτουρκικά σύνορα εγείρει ζητήματα ανθρωπίνων δικαιωμάτων κι επιπλέον γιατί αμφισβητείται στην πράξη η αποτελεσματικότητά όλων αυτών των φουτουριστικών συστημάτων;

ΔΕΙΤΕ ΤΟ EXPLAINER ΒΙΝΤΕΟ ΤΟΥ 24MEDIA LAB

19/12/2022

https://www.news247.gr/sunday-edition/to-aporrito-tech-peirama-toy-evroy.9836709.html

[EN] GREECE: ILLEGAL PUSHBACKS OF FORCED MIGRANTS

Victoria Ceretti

Researcher at Euro-Med Monitor

As early as the years 2014 to 2016, when over one million people fleeing from countries plagued by armed conflict and political crises—such as Syria, Afghanistan, and Iraq—began to arrive in Greece via Turkey, Greek authorities have been implicated in numerous illegal and violent pushbacks against migrants and asylum seekers. The past two years, however, have seen a sharp escalation in Greece’s continued violations of European and international law in terms of illegally assaulting and pushing back forced migrants, with the full acquiescence of the EU and even the complicity of the European Border and Coast Guard Agency, Frontex.

At the end of September, the Turkish Coast Guard announced that it rescued 255 forced migrants who were on precarious boats in Turkish territorial waters after being pushed back by Greek authorities. In four different operations, 109 migrants off Bodrum and Datça districts, 45 off Balıkesir Province and 54 off the coast of its Ayvacık district, and 47 off Kuşadasi district were safely brought to dry land and accompanied to provincial migration offices, according to Turkish authorities.

Illegal pushbacks as an instrument to reduce arrivals in Greece and the involvement of Frontex

To reduce the number of arrivals in Greece, the EU entered into an agreement with Turkey in 2016 which to many represented a political declaration passed off as a press release by the European Council. The agreement stipulated that Turkey would commit to stopping arrivals to Greece and to accept back forced migrants. In turn, the EU pledged to donate six billion euros, resettle up to 72,000 Syrian refugees, and offer Turkey other benefits, such as visa liberalisation.

Before being pushed back, individuals are robbed of their money, electronic devices, and clothes, as well as systematically subjected to torture and other types of mistreatment

In February 2020, Turkey’s president said that funds transferred to Turkey from the EU to support refugees were arriving too slowly, and accused the EU of failing to meet its promises. The Turkish government announced that it would therefore no longer prevent asylum seekers and migrants from crossing westwards to Greece and the EU, prompting thousands to rush to the Greek borders.

Greece reacted by heavily militarising its border with soldiers and police officers, who resorted to the massive use of force against incoming migrants, including beating, tear gassing, physical mistreatment, and arrest. Although the situation calmed down in the following months, respect for EU asylum law continued to be lacking. Civil society testimonies reported the use of practices of pushing back refugees and asylum seekers by Greek authorities, forcing newly arrived migrants onto precariously floating boats and back towards Turkey. Media reports have also revealed that Greek forces even sabotaged the raft engines of boats to force back refugees and asylum seekers.

Illegal refoulement, one of the main instruments of Greece’s migration policy, appeared more than a decade ago. It has been in increasing use recently, representing what Greek political scientist Dimitris Koros has described as the “unofficial arrest and arbitrary removal of third-country nationals without assessing the legality of their entry or presence in the country and without offering them the possibility to apply for asylum or to object to their removal”. The pushbacks do not only affect migrants and asylum seekers who have just crossed the Greek border, but also those who have applied for asylum or received international protection status. Before being pushed back, individuals are robbed of their money, electronic devices, and clothes, as well as systematically subjected to torture and other types of mistreatment including the use of electric shock weapons, excessive force, and firearm violence—numerous violations of their human rights. The actors responsible for this cruel and illegal practice are those that people would least expect, namely the police, border guards, coastguards, and members of the army. Consequently, repeated acts of refoulement amount to racist state crimes, with the actors responsible for such racist practices belonging to the state.

Frontex established a presence in the Evros region in 2010, when Greece requested the launch of an operation. However, its integrity has been called into question in recent years, as the agency is active in the exact area where major rights violations occur. Although Frontex is supposed to respect human rights and refugee law unconditionally, migrants’ testimonies suggest that its involvement in violent and illegal pushbacks compromise it as a monitoring and accountability mechanism. In 2020 in the meeting of the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament, Frontex claimed to have found no human rights violations in eight out of 13 cases reviewed; the five remaining cases were said to need further examination, which raised suspicions about the agency’s role in pushback practices. It is likely that violations of several fundamental rights are taking place precisely due to Frontex’s excessively high degree of control and surveillance at the Greek-Turkish border, especially considering the mounting evidence of its awareness and involvement in the Evros pushbacks.

Consequences of illegal pushbacks and gaps in accountability

The illegal and dangerous practice of pushbacks on the Greek-Turkish border leads to significant and serious violations of national and international human rights law. Among the various rights violated are the principle of non-refoulement, the prohibition of torture and inhuman and degrading treatment, the right to asylum, and the right to life. The violation of the principle of non-refoulement—the heart of the international protection regime—implies that migrants and asylum seekers are sent back to a country of origin where they risk inhumane treatment and persecution. Illegal pushbacks can also result in “chain refoulement”, which means that forced migrants who are returned to another country may later be resettled in a place that threatens their lives. Furthermore, violation of the principle of non-refoulement constitutes non-compliance with the Geneva Convention and the Refugee Convention, as well as a breach of customary international law.

Analysing both European and EU law, the pushbacks at the Greek-Turkish border violate the European Convention on Human Rights, which guarantees the right to life and the prohibition of torture. Moreover, the EU Charter of Fundamental Rights requires Member States to respect the right to asylum and the prohibition of collective expulsions. Illegal refoulement also results in violation of the EU Asylum Procedures Directive, which stipulates that all applications for international protection provide access to an asylum procedure. Finally, Greece’s pushbacks are incompatible with EU legislation on borders and returns, since the latter stipulates that border entry rejections must be based on assessments of personal circumstances.

As stated in Article 18 of the EU Charter of Fundamental Rights itself, the right to seek and receive international protection must be granted to all people fleeing life-threatening situations in their country of origin. No agency, institution, or country has the right to deny people this fundamental right by illegally and arbitrarily pushing them back.

Given the violations committed, in March 2020, Greece invoked the emergency situation in which it found itself to attempt to derogate from its obligations under EU law. However, the UNHCR stated that derogation is only possible for the Council of the EU following a proposal by the Commission, and that it is impossible to derogate from fundamental rights such as the principle of non-refoulement. Even the Court of Justice of the EU has ruled that a derogation from EU law can only take place under strict conditions.

Analysing both European and EU law, the pushbacks at the Greek-Turkish border violate the European Convention on Human Rights, which guarantees the right to life and the prohibition of torture.

Responsibility for violations of European, EU, and international law falls first and foremost on Greece, but investigations by national authorities are not impartial and objective. Frontex is also responsible for such violations, as the agency must respect human rights and refugee law, report and investigate violations using the Serious Incident Reporting (SIR) system, and has the option to suspend operations if violations persist. In general, the low number of SIRs submitted by Frontex underlines its failure to monitor and denounce human rights violations. Notably, Frontex has never even resorted to suspending or cancelling operations to denounce Greece’s illegal pushbacks.

It is the EU’s responsibility to intervene on behalf of vulnerable individuals whose human rights are being violated at the Greek-Turkish border, yet instead of condemning the pushback practices committed by Greece, the Union remains silent. In May 2020, 102 MEPs asked the European Commission to investigate the murder of Muhammad Gulzar due to the use of firearms by Greek forces while he was crossing the border in Evros. However, Commission President Ursula von der Leyen responded by siding with Greece, without condemning human rights violations. In July 2020, members of the LIBE Committee of the European Parliament called for the Commission—citing its role as “guardian of the Treaties”—to condemn the pushbacks, and in September 2020, the Commission presented the New Pact on Migration and Asylum in order to confront human rights violations. Even though it requires Member States to set up an “Independent Mechanism for monitoring fundamental rights”, the proposed mechanism would have a limited scope, as it would operate only in the context of pre-entry procedures.

The illegal pushbacks committed by Greek authorities at the border, the EU’s lack of action in the face of violations of its own law and of European and international law, as well as the deep involvement of Frontex demonstrate that the EU is ready to do anything in order to reduce arrivals in Europe. This is evidenced by the New Pact on Migration and Asylum of the European Commission, which allows Member States to derogate from their obligations under EU law if they believe they are facing a serious political crisis. Greece, therefore, is legitimised to engage in violent pushbacks and break EU law without suffering repercussions given the continuous arrival of refugees and asylum seekers there.

As pointed out by the European Court of Human Rights, the unceasing illegal and violent pushbacks committed by Greece against asylum seekers and refugees are inadmissible and must absolutely be denounced and stopped. The creation by the European Commission of a new fundamental rights monitoring mechanism that is independent, fair, and anchored in EU and international law could help tackle illegal and violent acts of refoulement. Additionally, the presence of independent non-governmental organisations (NGOs) on the ground may contribute to the effective monitoring and accountability of authorities at the border. Finally, an increased consideration of human rights violations due to pushbacks on the Greek-Turkish border by the European Commission could put an end to these appalling illegal practices.

10/11/2022

https://euromedmonitor.org/en/article/5402/Greece:-Illegal-pushbacks-of-forced-migrants

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