Frontex Pushback Case: a disappointing ruling
This is the first time that Frontex has been required to justify its involvement in the illegal deportation of people and the violation of their fundamental rights before the European court.
Pushback of Syrian family
In October 2016, the family arrived in Greece, where their asylum request was registered. Eleven days later, Frontex and the Greek authorities deported the family to Turkey without proceeding with their asylum process and without having a deportation order; a so-called “pushback.”
On the plane on which the family was deported to Turkey, Frontex staff separated the parents from their four young children. The family members were also not allowed to talk during the flight. Upon arrival in Turkey, they were immediately detained. After their release, the family were not provided with their basic needs in Turkey such as shelter, water, and sanitation facilities. As a result, the family eventually fled to Northern Iraq.
At the end of 2021, the Syrian family sued the EU agency Frontex for their role in this illegal pushback. Prakken d'Oliveira Human Rights Lawyers represented the family in the case. Many organisations, among which the Dutch Council for Refugees, also provided support to the family.
After hearing the ruling, the Syrian family expressed disappointment. “A great injustice has been done to us, and we cannot forget it”, said the father of the family.
Violation of fundamental rights
Because of the pushback the Syrian family was deprived of their right to apply for asylum. By executing the deportation, Frontex also violated the principle of non-refoulement enshrined in international law and the EU Charter of Fundamental Rights. It means that no-one should be returned to a country where they would face persecution or risk in human treatment. Frontex also violated children's rights by separating them from their parents during the flight.
Human rights compliance
According to this ruling by the European Court of Justice the responsibility for complying with human rights lies solely with the member states, and not with Frontex.
And yet, Frontex wields significant power over individuals' lives, as illustrated by their role in deporting this Syrian family. The Dutch Council for Refugees is extremely concerned that the ruling seems to suggest that Frontex cannot be held accountable for their actions and violations of human rights. It is also unclear how the mandate of the EU organisation to monitor compliance with human rights should be understood.
European values
It is now up to the European authorities, especially the European Commission, to clarify the role of Frontex and their role in monitoring human rights compliance.
Frank Candel, chairman of the Dutch Council for Refugees, believes that this case is about more than just the Syrian family. “Many people have been victims of illegal deportations from the EU to third countries,” Candel says, “seeing that fundamental rights of the European Union are being violated by an EU agency is a serious undermining of the values on which the Union is based.”
The Syrian family agrees with Candel on this point. “Europe is a place where the human rights of people are protected,” the father of the family says, “You are responsible for upholding this.”
Together with the family, the lawyers of Prakken d'Oliveira are considering the next steps and the possibility of filing an appeal.
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