»The truth may be bitter, but it must be told«
Summary, conclusions and demands
Human rights violations at the Greek border
The refoulement of refugees at sea
We were able to glean the following patterns of serious
human rights violations committed by the Greek coast
guard from our interviews with refugees from a wide
variety of countries of origin in and outside the detention
centres in Chios, Samos and Lesbos. Refoulement by
the Greek coast guard within national territorial waters
and at the external borders of the EU is occurring on a
systematic scale. This practice seriously endangers the
life of those seeking protection, apart from subjecting
them to risks on return to Turkey.
■ The coast guard attempts to block small boats carrying
refugees and push them out of the national territorial
waters. In order to do so, they circle the boats with
their own boats causing waves. These risky maneuvers
can result in the death of refugees.
■ Refugees who are already in Greek territorial waters
or even at the Greek coast are being driven back
into Turkish waters. Their dinghies are deliberately
damaged, so that they can, at best, return to the
Turkish coast.
■ Refugees are being ›refouled‹ by the coast guards and
deposited on so-called »dry (i.e. uninhabited) islands«.
■ The Greek coast guard systematically abuses newly
arriving refugees. In one reported case (on Chios
island), the degree of maltreatment amounted to
torture (serious beating, mock execution, electric
shocks, pushing a refugee’s head into a bucket full of
water (»submarino«).
»Refoulement« of refugees at the border
in the Evros region
In the Evros region (Greek-Turkish border), refugees are
arrested upon arrival by the Greek border guard and
detained without official registration. They are held,
deprived of their fundamental rights. They are detained
without contact to the outside world (incommunicado) for
several days and are then illegally and forcibly returned
to Turkey, where their life and liberty may be at risk or
where they are at risk of deportation to their countries
of origin.
The conduct of the Greek authorities violates international
refugee and human rights law. The practices of the coast
6
Summary, conclusions and demands
guard and border police constitute a serious breach of the
principle of non-refoulement contained in article 33 (I) of
the 1951 Geneva Convention on the status of refugees,
article 3 (I) of the UN Convention against Torture (UNCAT),
and the right to protection against torture and other cruel,
inhuman and degrading treatment or punishment contrary
to article 3 European Convention for Human Rights, (ECHR)
and article 7 of the International Covenant on Civil and
Political Rights (ICCPR), as well as articles 5 and 14 of the
UDHR Universal Declaration of Human Rights 1948, etc.
Furthermore, the Greek authorities endanger the lives
of refugees. This violates the international obligation of
the Greek State to respect the right to life, as enshrined
in international human rights instruments (art. 2 ECHR,
art. 6 ICCPR, art 3 of the UDHR).
The excessive use of force, ill - treatment and torture
as carried out by the Greek coast guard constitutes a
flagrant violation of international human rights instruments
and violates human dignity (art. 3 ECHR, art. 7 ICCPR,
art. 3 UNCAT, art. 5 UDHR).
Illegal deportation orders and detention
The administrative practice at the border deprives refugees
and other persons in need of international protection of
their rights and exposes them to serious risks.
■ The police arrest all new arrivals, including asylum
seekers and particularly vulnerable individuals such
as victims of torture and human trafficking, disabled
persons, pregnant women, minors and refugees from
countries such as Iraq, Afghanistan and Somalia.
They are all issued with automatic deportation orders –
without a hearing, without any examination of their
entitlement to protection. This practice effectively
constitutes a denial of access to the asylum
determination procedure.
■ Subsequent to the deportation order a detention order
is issued. Detention is not the exception, it is the rule.
■ At the time of our fact-finding mission, there were 18
unaccompanied minors from Afghanistan and Somalia
detained in Samos. In Mitilini, there were over 30
unaccompanied minors from Afghanistan in detention.
The youngest detainee was ten years old. The authority
responsible for minors, the »Prosecutor for Minors« had
not been informed, although this is provided for by law
in the case of deportation orders, detention and release