without examining their international protection claims.60 These reports, published by credible national and international organisations, described uniform methods involving detention, confiscation of belongings, and forced returns. Based on this evidence, the Court concluded that a systematic practice of pushbacks existed at the time of the applicant’s pushback. The Greek government failed to refute this evidence or provide an alternative explanation for the applicant’s allegations. The Court underscored that such practices do not absolve States from their obligations to assess individual cases and ensure compliance with ECHR standards. The ECtHR noted that the Greek authorities failed to consider the risks when removing the applicant from its territory and did not provide her with the opportunity to apply for asylum and explain her circumstances. The applicant, having crossed into Greece via the Evros River, was pushed back to Türkiye without any assessment of the dangers she faced, in clear violation of domestic, European and international law. Despite the applicant’s expressed fear of persecution in Türkiye, Greek authorities ignored her asylum request, in breach of Articles 3 and 13 ECHR as they failed to assess her claims or provide an effective remedy against her expulsion. Regarding the alleged violation of Article 5(1) ECHR, the ECtHR ruled that the applicant's detention was devoid of any legal basis under Greek law. The authorities failed to document the detention formally, did not inform the applicant of the reasons for her arrest, and provided no opportunity to challenge its legality, contrary to Article 5(2) and (4) ECHR. Regarding the lack of an effective remedy, the Court determined that Greece’s legal system failed to provide adequate mechanisms to address alleged violations of Articles 2 and 3 ECHR during the pushback. The investigation into the applicant’s criminal complaint was deemed insufficient and did not meet the effectiveness standards required under the Convention. This constituted a violation of Article 13, read in conjunction with Articles 2 and 3 of the Convention. The ECtHR condemned Greece and accepted that: ❖ the "systematic practice of pushbacks by the Greek authorities of third-country nationals from the Evros region to Türkiye", ❖ the pushback of A.R.E., a Turkish asylum seeker, by the Greek authorities took place, ❖ A.R.E. was illegally detained by the Greek authorities before the pushback, ❖ the Greek judicial authorities failed to conduct an effective criminal investigation and archived A.R.E.'s criminal complaint despite the prima facie evidence. Therefore, the Court found violations of the European Convention on Human Rights’: ❖ Articles 3, 3 and 13 in relation to the pushback of the victim by the Greek authorities (prohibition of torture, inhuman and degrading treatment), ❖ Article 5 in relation to her unlawful detention (right to personal liberty and security), ❖ Article 13, in conjunction with Articles 2 and 3, in relation to the ineffective criminal investigation of the case by the Greek judiciary (right to an effective remedy). It should be emphasised that, to date, the Greek authorities still systematically deny the practice of pushbacks at the Greek-Turkish borders and there is not any official response or reaction by the Greek Authorities since the ruling of the Court that, among others and as a result, condemns Greece for the "systematic" pushback of asylum seekers. The Court's Judgment confirms that pushbacks at the Greek borders constitute a “systematic practice” of the Greek authorities, as has been documented for several years in numerous reports by international, European and national organisations, as well as in the complaints of the victims of pushbacks our organisation receives on a daily basis. On 16 January 2025, at a press conference,61 GCR lawyers presented the key points62 of the decision and highlighted its wider implications. This judgment, the first conviction of Greece by the ECtHR for a 60 61 62 ECRE, Weekly Update: Mediterranean, 16 January 2025, available here. Video of the Press conference held by the GCR, 16 January 2024, available here. Greek Council for Refugees, Information Note with key points of the Judgment in English , available here. 35