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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