2.2 | Systematic Human Rights Violations The Greek land border in the Evros region and sea border in the Aegean Sea are controlled by Frontex and the Greek coastguard and border police. These bodies are bound by law to respect human rights, and the practice of push-backs, as described above, is in breach of national, European and international law. It should also be noted that all non-nationals enjoy protection from collective expulsion, including those with irregular status. Moreover, the prohibition on collective expulsion applies to the whole territory of the State concerned, including its territorial waters.5 2.2.2 | Risk of Violation of the Principle of Non-Refoulement The right to seek and to enjoy asylum requires that persons seeking international protection have access to a fair and efficient procedure for the examination of their claims. 2.2.1 | Violation of the Prohibition of Collective Expulsions Collective expulsion is any measure compelling aliens, as a group, to leave a country, except where such a measure is taken on the basis of a reasonable and objective examination of the particular case of each individual in the group3; it is clearly prohibited under international law. The practices of the Greek authorities constitute a violation of Article 19 of the EU Charter of Fundamental Rights4, banning collective expulsion. Available at: http://refugeesinternational.org/policy/field-report/under-pressure-lebanon-and-turkeyneed-more-support-address-syrian-refugee-crisi ; Soykan; Cavidan 2012: The New Draft Law on Foreigners and International Protection in Turkey. In: Oxford Monitor of Forced Migration Volume 2, Number 2, pp. 38-47. http://oxmofm.com/wp-content/uploads/2012/11/Cavidan-FINAL.pdf ; OHCHR Report by the Special Rapporteur on the human rights of migrants, François Crépeau, on his mission to Turkey (25–29 June 2012). Available at: http://reliefweb.int/sites/reliefweb.int/files/resources/Mission%20to%20Turkey.pdf ; IHAD, Human Rights Research Association 2012: Monitoring Report of Turkey on Right to Asylum. Available at: http://www.ihad.org.tr/file/reports/2013/ihad_EN.pdf ; Council of Europe Human Rights ECHR judgements against Turkey: Tehrani and Others v.Turkey 2010. Available at: http://www.refworld.org/docid/4bc5d2f32.html ; Charahili v.Turkey 2010. Available at: http://www.refworld.org/docid/4bc5cec12.html ; Abdolkhani and Karimnia v. Turkey. Available at: http://www.unhcr.org/refworld/pdfid/4ab8a1a42.pdf ; ZNS v Turkey. Available at: http://www.unhcr.org/refworld/pdfid/4b56d5cf2.pdf ; For the situation of Syrian refugees in Turkey see amongst others: Syrian Monitor. Available at: http://syrianmonitor.blogspot.gr/ ; Grey, Mark A. 2013: Why Syrians in Turkey are Not “Refugees” and Why it Matters. Available at: http://smallwarsjournal.com/jrnl/art/why-syrians-in-turkey-are-not-“refugees”-and-why-it-matters ; Human Rights Watch 2013: Iraq/Jordan/Turkey: Syrians Blocked from Fleeing War. Border Closures Leave Thousands Stranded in Dangerous Border Areas. Available at: http://www.hrw.org/news/2013/07/01/iraqjordanturkey-syrians-blocked-fleeing-war ; Amnesty International 2012: Turkey: Ensure safety of Syrian refugees and access for national and international monitors. Available at: http://www.amnesty.org/en/library/asset/EUR44/009/2012/en/64594682-ee8e-4cde-80224f0a83842ecf/eur440092012en.html 3 | See also Andric v Sweden. Available at: http://echr.ketse.com/doc/45917.99-en-19990223/ XII | sUMMARY | sYSTHEMATC hUMAN rIGHTS vIOLATIONS It is a state’s responsibility to identify refugees and give effect to their obligations under the 1951 Geneva Convention, and to ensure that no violation of the principle of nonrefoulement takes place.6 The principle of non-refoulement is the cornerstone of international refugee protection. It is enshrined in Article 33 of the 1951 Geneva Convention. The Europeans Court of Human Right’s jurisprudence, meanwhile, recognizes that states are accountable for the effects of any act carried out within their jurisdiction, even if such effects take place outside their territory. It covers states’ borders and transit zones7, as well as wherever else outside its territory a state party exercises jurisdiction.8 4 | Charter of Fundamental Rights of the European Union: art 19 - Protection in the event of removal, expulsion or extradition “1. Collective expulsions are prohibited 2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment”. Available at: http://www.europarl.europa.eu/charter/pdf/text_en.pdf 5 | Hirsi et al v Italy, see Submission of the United Nations High Commissioner Intervener Brief filed on behalf of the United Nations High Commissioner for Human Rights (Filed pursuant to leave granted by the Court on 4 May 2011) 6 | The right to seek asylum is foreseen in article 18 of the EU Charter of Fundamental Rights. Furthermore, Article 8, among others, of the Recast Directive (2013/32/EU), states, “where there are indications that third-country nationals or stateless persons, held in detention facilities, or present at border crossing points, including transit zones at external borders, may wish to make an application for international protection (…) to facilitate access to the asylum procedure. Everyone has the right to seek and to enjoy in other countries asylum from persecution. Universal Declaration of Human Rights, Article 14 (1)” 7 | According to Regulation (EU) 610/2013 Article 3(a), amending Regulation (EU) 562/2006 (Schengen Border Code), “When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union ("the Charter of Fundamental Rights"); relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 ("the Geneva Convention"); obligations related to access to international protection, in particular the principle of non-refoulement and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis”. sYSTHEMATC hUMAN rIGHTS vIOLATIONS | sUMMARY | XIII