Landmark ruling: European court condemns Greece for pushbacks
Applying for asylum is a human right
Back to 2019. That year, the woman fled from Türkiye to Greece, seeking safety. She faced persecution in Türkiye due to her affiliation with the Gülenists movement, which is widely targeted by authorities. Shortly after crossing into Greece, she was detained at the border and forcibly returned to Türkiye – without being given the opportunity to apply for asylum. This violation occurred despite the fact that seeking asylum is a fundamental human right.
Pushbacks versus driftbacks
Pushbacks occur when asylum seekers are forcibly returned across the border without registration or due process. Pushbacks are often violent. In some cases, authorities also conduct driftbacks, abandoning asylum seekers at sea in unseaworthy, motorless boats, leaving them stranded.
Major victory
The Turkish woman presented the court with extensive evidence, including photos and videos, to prove what had happened to her. The judges ruled in her favour and awarded her financial compensation. The court also ruled that Greece was responsible for systematically carrying out pushbacks, putting the lives of refugees at serious risk.
This ruling marks a significant victory. For years, pushbacks have been widely condemned by the media, the Council of Europe, human rights organisations, NGOs and members of the European Parliament. The ruling could have political repercussions, potentially leading the European Commission to freeze EU funds to Greece if the practice continues.
The challenge of providing evidence
Unfortunately, not all victims of pushbacks and driftbacks can take their cases to court. Many are robbed of their belongings – including their phones – making it nearly impossible to gather evidence.
Even when evidence is available, it does not always guarantee justice. A second plaintiff, an Afghan boy, also presented strong evidence, but the court ruled that his case did not meet the high threshold for conviction. We fear that the vast majority of pushback victims will struggle to meet these stringent standards.
While the ruling in the Turkish woman’s case is groundbreaking and offers hope, it also underscores the long and difficult road ahead in the fight for justice.
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