14
4. Refoulement, readmissions and deportations
■
Interceptions and push-backs at the border are a
common practice of border control in the EU even
though they violate human rights and particularly the
principle of non-refoulement.
Until 2009, Greece had been repeatedly criticised by human
rights organisations for push-backs (refoulements) at the sea
and the land border.33 Still, even today it remains unclear
how Frontex and the Greek authorities handle irregular
migrants crossing the border. It seems that the previous
strategy of systematic push-backs from Greek detention
centres or the inland has been halted. Nevertheless, we
have been told about cases of push-backs or interceptions
at the borderline between Greece to Turkey and detainees
reported to have sometimesheard the sound of gun fire.34 35
For those who manage to reach Greek territory, once
they are apprehended by the Greek authorities or Frontex
their cases are referred to the public prosecutor. The latter
usually abstains from criminal persecution for the crime of
illegal entrance on Greek territory but, without individually
hearing their case, orders the newcomers’ immediate refoulement. Then the police automatically issue an administrative deportation order for almost all newcomers. Usually
no assessment is undertaken whether the readmission
or deportation constitutes a violation of the principle of
non-refoulement, article 3 of the European Convention of
Human Rights or other human rights.
Bearing in mind also the restricted access to an asylum
procedure, the deficiencies during the examination of the
asylum application, the lack of information, the lack of an
effective legal remedy against deportation and the lack of
other legal safeguards in detention37, it becomes clear
33 Sources about illegal push-backs:
http://www.unhcr.org/refworld/pdfid/4b4b3fc82.pdf
http://www.unhcr.org/refworld/docid/4afd25c32.html
http://www.discipleshomemissions.org/files/RIMTurkey
Greece.pdf
www.statewatch.org/news/2009/oct/greece-illegaldeportations.pdf
http://www.amnesty.org/en/library/asset/EUR25/016/
2005/en/d5de30c4-d4aa-11dd-8a23-d58a49c0d652/
eur250162005en.html
http://www.proasyl.de/fileadmin/proasyl/fm_redakteure/
Englisch/Griechenlandbericht_Engl.pdf
http://www.hrw.org/sites/default/files/reports/
greeceturkey1108web_0.pdf
http://lesvosnews.net/2010/10/28/frontex/
http://www.emprosnet.gr/Current/?EntityID=b99d0e48425e-499c-b122-a9df8549da71
»They put us in a boat with two soldiers and
we passed the river back to the Turkish side.«
M.K. (21), from Pakistan36
■ M.K. had tried to cross the border to Greece in the
region of Edirne. Upon arrival on Greek territory, he
was arrested by the authorities together with another
12 persons and immediately pushed back. The Turkish
authorities then arrested him and brought him to a
detention centre where he was detained for 15 days
and then transferred to Aydin Removal Centre. He has
stayed there since June 11, 2011.
»After we passed the border from the river Maritza we
waited and hid until the morning. We were detected
by patrol troops. We were 25 Pakistanis and there were
also 6 Afghans with us. We started to run. The soldiers
started to fire on us. Fortunately, only some of us were
shot and only on their backpacks. Then they caught us.
Some could escape, and we were 12 people arrested.They
started to slap and punch everyone randomly. There
were two children in the group as well, at the age of 13
and 15. They made us lie down on the ground for half an
hour. One soldier was watching us with a rifle in his hand.
Then other soldiers came as well. They put us in a boat
with two soldiers and we passed the river back to the
Turkish side. It was a small boat so they had to do two
rounds. They dropped us on the other side of the river and
on their way back they made air-shootings to warn the
Turkish soldiers. After 5-10 minutes the Turkish soldiers
came and arrested us. And they also fired into the air. (…)
I stayed in Edirne for 15 days. Then they brought me to
Aydın. It was really dirty there. There were Afghans,
Palestinians, Pakistanis, and people were fighting with
each other because it was too crowded. Everyone had
an individual bed but sometimes, when there were not
enough beds, some people slept on the floor. (…)«
34 In an article of the German news-magazine Spiegel of December 11, 2010, German Frontex officers accused the Greek
border guards of driving migrants into the minefields by gunshots in the air and by using physical violence.
http://www.spiegel.de/politik/ausland/0,1518,734123,00.html
35 A Hurriyet article from August 25, 2011, accused Frontex of
killing a migrant on the border. http://www.sondakika.com/
haber-frontex-timleri-turk-sinirina-ates-acti-2954543/
36 M.K. from Pakistan, Interview conducted by Multeci Der
(www.multeci.org.tr) in Izmir during July/August 2011.
37 See: Chapters 8 and 9.
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