ECtHR finds Greece’s border ‘pushbacks’ illegal in landmark ruli

On Tuesday (January 7), the European Court of Human Rights (ECtHR) ruled that Greece had illegally deported a Turkish woman to Turkey, stating that there are “strong indications” that the Greek authorities used “a systematic practice of ‘pushbacks’.”

The ECtHR which adjudicates cases involving violations by its 46 member states, including all EU nations as well as Turkey and the United Kingdom, examined two cases. One was deemed inadmissible, but it issued a ruling in favor of the applicant in the other case — a Turkish woman who fled her country and was forcibly returned to Turkey by Greek authorities.

The ECtHR determined that the woman, identified as A.R.E., was improperly expelled in 2019 after crossing the Greek-Turkish border, without being given the opportunity to seek asylum. She was awarded 20,000 euros (21,000 US dollars) in damages.

The second case, involving an Afghan minor who alleged he was pushed back to Turkey in 2020, was dismissed due to lack of evidence.

The court’s decision could influence Europe’s approach to managing migrants at its borders, especially as Greece and several European Union member states push for stricter immigration controls.

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Repeated accusations

For over a decade Greece has faced persistent allegations of engaging in “pushbacks” — covert and undocumented operations in which migrants and asylum seekers are detained and expelled without due process by state authorities, sometimes by force. These practices intensified during 2015-2016, when Greece became a primary entry point for refugees fleeing conflicts in Syria, Afghanistan, and other regions.

The UN Refugee Agency (UNHCR) has called on Greece to thoroughly investigate numerous pushback allegations, while major human rights groups have described the alleged deportations as systematic. In 2022, Greece’s National Transparency Authority, a publicly funded corruption watchdog, conducted a four-month investigation and reported finding no evidence to support the pushback allegations.

This recent ruling is especially significant, as it marks the first time the ECtHR has addressed Greece’s pushback practices, concluding that they violate the European Convention on Human Rights (ECHR).

The court ruled that the case indicates that pushbacks from Greece to Turkey, including in the Evros region, “occur under conditions that may endanger human life, as victims are left adrift on inflatable boats.” Furthermore, the pushbacks follow a fairly “consistent modus operandi,” including the confiscation of victims’ personal belongings, as well as threats, humiliation, and acts of physical violence.

Lefteris Papagiannakis, Director of the Greek Council for Refugees, told Euractiv that the court “saw a pattern and decided to punish these violations” and “decided that it was not acceptable”.

While member states have the right to manage their borders, they are also bound by international human rights law to uphold the principle of non-refoulement, which prohibits returning individuals to countries where they risk torture or inhuman treatment.

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Inadmissability ‘profoundly unjust’

The second case, deemed inadmissible due to insufficient evidence, involved an unaccompanied Afghan minor who claimed he was illegally returned to Turkey from the Greek island of Samos in 2020 at the age of 15. He alleged that the Greek coast guard placed him in a lifeboat and pushed him back.

Greek government representatives denied all allegations, questioned the authenticity of the evidence, and argued that Greece’s border policies comply with international law. They also pointed to the significant financial and logistical burden Greece faces as a frontline EU country dealing with irregular migration and emphasized their commitment to safeguarding European borders.

Niamh Keady-Tabbal, part of the legal team for the Afghan claimant, criticized the court’s decision. She described it as significant but “profoundly unjust” regarding the man’s case. “It is quite unjust that such a cynical position of blanket denial can serve in practice to shield the Greek government from accountability,” she told The Associated Press.

Speaking to Euractiv, Papagiannakis noted that while this particular case was inadmissible, the court’s ruling in the other case nonetheless recognized that similar pushbacks were systematically occurring during that time.

Last year, Greece recorded over 60,000 irregular migrant arrivals, a nearly 50 percent increase from 2023. These migrants often arrive via long sea journeys or by crossing the heavily guarded land border with Turkey. The Greek government is seeking EU funding to expand its border wall along the land frontier with Turkey.

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With AP