8
Although far-reaching legislative reforms have taken place in Greece and
Turkey, allegations of violations of migrant rights on the Greece-Turkey border continue, backed up by numerous reports by non-governmental organisations (NGOs). The main violations include inhuman and degrading conditions of detention,9 violations of the right to asylum, interceptions at sea by
Greek coastguards and forced returns to Turkey.10 The Council of Europe,11
the European Union Agency for Fundamental Rights12 and the United Nations
Special Rapporteur on the human rights of migrants13 have also expressed
serious concern about human rights violations committed at this border.
While the reforms undertaken by the Greek and Turkish are to be welcomed,
numerous problems persist.
Firstly, uncertainties surrounding the implementation of these new legal
frameworks reveal the limits of this response to the systemic failings documented for many years in both countries. Secondly, the spirit of these reforms
corresponds to the objectives fixed by the European Union on the management of migratory flows and border surveillance: approval of the Greek action plan on immigration management,14 and bringing Turkish law into closer
conformity with European legal frameworks so as to enable the signature of a
readmission agreement in December 2013.This is indicative of the limitations
to reforms which are supposed to ensure better reception of migrants in
Greece and Turkey and address the various violations denounced in judgements of the European Court of Human Rights.15
This is the context in which Frontex operations are conducted while,
despite the announcement of reforms on both sides of the Mediterranean,
9 Médecins Sans Frontières (2014) “Invisible suffering. ”
10 Pro Asyl (2013) “Pushed-Back: Systematic human rights violations against refugees
in the Aegean Sea and at the Greek-Turkish land border,” Amnesty International (2013)
“Frontier Europe : Human rights abuses on Greece’s border with Turkey.”
11 Ibid. 4.
12 EU Fundamental Rights Agency (2013) Fundamental rights at Europe’s southern sea
borders (Summary).
13 United Nations Special Rapporteur on the Human Rights of Migrants (2013) “Regional
study: management of the external borders of the European Union and its impact on the
human rights of migrants” and Addendum mission to Greece and Turkey.
14 General Secretariat of the Council of the European Union, 10327/13, 3 June 2013.
15 ECtHR, MSS v. Greece and Belgium (N° 30696/09), 21 January 2011; ECtHR,
Ghorbanov and Others v. Turkey (N° 28127/09), 3 December 2013; ECtHR, Abdolkhani and
Karimnia v.Turkey (N° 30471/08), 22 September 2009.