pushback case, is a landmark decision and brings to the fore important issues regarding the rule of law in Greece. At the press conference on 16 January 2025, the applicant’s lawyers noted: ❖ “This is a landmark judgment of the European Court of Human Rights. The recognition by the Court that pushbacks constitute a systematic practice of the Greek authorities is a vindication for the thousands of victims who have been denouncing this illegal practice for many years. The Greek authorities must finally stop pushbacks and the Greek judiciary must finally hold accountable those responsible for such policies and practices, which violate international and Greek law and constitute a serious blow to the rule of law in Greece." ❖ “The ECtHR concludes that "the applicant's case is merely one of many cases that demonstrate the ineffectiveness of the criminal procedure with regard to complaints of pushback". This admission is worrying for the administration of justice in Greece and highlights the significant gaps and deficiencies in the investigation of criminal complaints concerning pushbacks by the Greek authorities. This condemnation of Greece by the ECtHR calls for a thorough and effective investigation of the relevant allegations and accountability." ❖ "The Court's decision can be the starting point for setting a limit to a practice which - as the Court found - is systematic, is illegal and puts human lives at serious risk. It is at the same time an important reminder of the obligations of the Greek authorities, and of the European States in general, towards persons seeking protection on European territory, but also a reminder of the significant inadequacy of the Greek judiciary to investigate effectively complaints of pushbacks." In A.R.E. v. Greece, the ECtHR, analysed the broader context in which the events of the case took place, referring to a “modus operandi”, taking into account the reports of independent bodies such as the Greek Ombudsperson and the Greek National Commission for Human Rights, and first ruled on the question of whether Greece carries out pushbacks at its land borders. Subsequently, in reviewing the evidence presented by the applicant, the Court held that this practice constituted a prima facie case, in accordance with the requirements of its case law on pushbacks, and, therefore, held that the burden of proof shifted to the Greek Government. The Court noted the Greek Government’s complete denial, not only of the alleged facts related to the pushback of the applicant but also of the applicant’s presence in Greece on May 4, 2019. Consequently, the Court condemned Greece for its violations of the provisions of Convention. Particularly, the Court noted that the Government does not challenge the findings of the investigation report on the alleged pushback of the applicant, which was prepared by the Forensic Architecture research group and dated May 2, 2024.63 The Court emphasised that, based on a detailed spatio-temporal analysis, this 36-page report concludes that all the audiovisual materials are authentic and verifiable, and that it is possible to establish the truth of the applicant's account regarding her presence in Greece and the subsequent pushback on the alleged dates. In the conclusions of the decision, the Court held that the applicant provided “several pieces of evidence that could, even individually, prima facie support her version of the events. It is for the Greek authorities to prove that the applicant did not enter Greece and was not returned to Turkey on the dates she claims. However, the Government did not present any argument or other evidence to counter the prima facie case put forward by the applicant”. 64 The decision, as the first case of a pushback from Greece, also includes multiple other important points, such as the finding that “push-backs from Greece to Türkiye, including in the Evros region, take place in conditions likely to endanger human life, since the victims are left adrift on inflatable boats”. 65 63 64 65 ECtHR, A.R.E. v. Greece (Application no. 15783/21), 7 January 2025, para. 256, available in French here. ECtHR, A.R.E. v. Greece (Application no. 15783/21), 7 January 2025, para. 265, available in French here. ECtHR, A.R.E. v. Greece (Application no. 15783/21), 7 January 2025, para. 296: “[...] The Court notes in this regard that the relevant documentation shows that push-backs from Greece to Türkiye, including in the Evros region, take place in conditions likely to endanger human life, since the victims are left adrift on inflatable boats. In addition, push-backs follow a fairly uniform modus operandi including in particular, the confiscation of the victims' personal belongings and, sometimes, threats, humiliation and acts of physical violence”, available in French here. 36