Greece's practice of pushing irregular migrants back to Turkey amounts to a clear violation of the 1951 Refugee Convention, the European Convention on Human Rights and European Union law, the United Nations Refugee Agency (UNHCR) said Tuesday.
The remark came from UNHCR spokesperson Boris Cheshirkov at a briefing in Geneva as he responded to a question from Anadolu Agency (AA) on Turkey's appeal to stop Greece from forcing back asylum-seekers from its borders.
"The situation with pushbacks at both land and sea borders of Greece is one that we have been following closely over the last year," he said, adding that the U.N. agency has repeatedly expressed concern over the issue.
Cheshirkov said the refugee agency had also received reports that around 13 Afghan nationals, including children, were recently sent back after reaching the northern shores of Lesbos.
"Clearly, the 1951 Refugee Convention, the European Convention on Human Rights and EU law require that states protect the right of people to seek asylum, and to be protected from pushbacks and being sent back without going through the regular asylum process," he said.
In recent years, Turkey and Greece have been key transit points for migrants aiming to cross into Europe, fleeing war and persecution to start new lives. Turkey has accused Greece of large-scale pushbacks and summary deportations without access to asylum procedures, which is a violation of international law. It has also accused the EU of turning a blind eye to what it says is a blatant abuse of human rights.
Pushbacks are considered contrary to international refugee protection agreements that say people shouldn't be expelled or returned to a country where their life and safety might be in danger due to their race, religion, nationality or membership in a social or political group. Such actions prevent asylum-seekers from making claims for refugee status and if practiced indiscriminately against a group of migrants it can constitute refoulement – a violation of EU human rights laws and the 1951 Geneva Convention.
In a statement issued Sunday, Turkey urged Athens and "all elements involved in pushbacks" to end their violations of international law, human rights agreements and a 2016 migration deal between the EU and Turkey.
The Turkish Foreign Ministry's statement cited two incidents on Feb. 23 and Feb. 24 in which Greek forces assaulted groups of asylum-seekers, took their valuables and left them stranded on an island in the middle of the Maritsa (Meriç) River.
Turkish authorities rescued 51 asylum-seekers and migrants, including women and children, said the statement, adding that interviews with them had revealed that some were foreign nationals who came to Greece via Serbia and Bulgaria and were pushed back to Turkey.
The statement also cited another incident on Feb. 18 in which Greek forces removed 13 Afghan asylum-seekers from a refugee camp on Lesbos "with the excuse of COVID-19 testing and pushed them back to Turkey after beating them up and taking their valuables and money."
Over 80,000 asylum-seekers have been pushed back to Turkey in the last four years, the ministry said, accusing Greece of pursuing a "systematic policy" for years on pushbacks with the involvement of the EU border agency Frontex.
It also urged the EU to monitor the implementation of EU law and the EU Charter of Fundamental Rights in member states "on the basis of human dignity."
Most recently, the European Commission, the executive branch of the European Union, has urged Greece to act in line with the bloc's values and to respect basic human rights regarding the reports on the country's practice of pushing migrants back toward Turkish land borders or territorial waters in the Aegean Sea.
The Berlin-based rights group Mare Liberum said in January it had documented 321 incidents from March to December 2020 involving more than 9,000 people. Mare Liberum's report said that in addition to the Greek coast guard, Frontex and ships under NATO command were also involved in "systematic and illegal expulsions."
Frontex is currently under investigation by the European Anti-Fraud Office (OLAF), the European Union's independent corruption watchdog, over allegations of illegal pushbacks of migrants arriving in Greek waters from Turkey.
Members of the European Parliament and activists have called for Frontex head Fabrice Leggeri to resign over the operations, but he has refused to do so, insisting his agency is key to the fight against human trafficking.
The pressure came after media and rights organizations documented multiple cases of Frontex border officers, alongside national counterparts in EU countries, forcing migrants back, particularly along Greece's sea border with Turkey. At least six incidents in which Frontex units were involved in pushbacks near the islands of Lesbos and Samos between April 28 and Aug. 19 have been documented.
While the border agency is required to rescue migrants, the Frontex vessels patrolling the area sped past the overcrowded, inflatable boats, creating dangerous waves to force them to return to Turkish shores. A Frontex aircraft was also documented passing over migrants, who were seeking help at sea, but did not rescue them.
Frontex maintains there is no evidence of its involvement in such actions, insisting that EU member countries have control over operations in their waters.
SOURCE: Daily Sabah
