either did not respond to the interventions or they responded claiming that
they could not locate said groups. Despite the Court’s order to the Greek
government not to remove the asylum
seekers from the country’s territory
and provide them with food, water and
proper medical care, most of these
people were pushed back to Turkey.
THE ECtHR’S INTERIM MEASURES
ARE BINDING ON THE STATE
CONCERNED
•
•
•
The European Court of Human
Rights (ECtHR), under Rule 39
of its Rules of Court, grants
requests for interim measures
only on an exceptional basis,
when applicants would otherwise face a real risk of serious
and irreversible harm. Such
measures are then indicated to
the respective Government. 39
State Parties are under an obligation to comply with the
Court’s interim measures.
According to Article 34 of
the ECHR: “The Court may
receive applications from any
person,
non-governmental
organization or group of
individuals claiming to be the
victim of a violation by one of
the High Contracting Parties
[State Parties] of the rights set
forth in the Convention or the
Protocols thereto. The High
•
Contracting Parties undertake
not to hinder in any way the
effective exercise of this right.”
A State’s noncompliance with
an interim measure constitutes
a violation of article 34 (right
of individual application to the
ECtHR) of the ECHR irrespective of the subsequent finding
of a violation of other material
provisions of the ECHR by the
Court.40
In addition to the interim measures,
during the period from mid-March to
the end of October 2022 GCR filed applications before the Court for violation
of the ECHR articles for 8 cases, pursuant to Article 34 of ECHR. The examination is currently pending.
In addition to the procedures before the
Court, since early 2022, GCR alone has
sent approximately 150 interventions to
the Greek authorities. GCR requested
search, rescue and access to registration and asylum procedures for more
than 900 refugees coming from Syria,
Turkey, Iraq and Afghanistan, including
children and people with severe vulnerabilities. Only in about half of these
cases did the Greek authorities respond
positively. Regarding the other half either they did not reply or they responded by stating that they failed to locate
the refugees. In some of the cases, the
refugees or their relatives later contacted GCR and stated that they had been
regarding pushbacks,http://bit.ly/3fmraBB
39
ECHR, Factsheet-Interim measures, available at: https://bit.ly/3uiENWP
See ECtHR, Case Mamatkulov and Aksarov v. Turkey, Applications 46827/99 and 46951/99, Judgment 4 February 2005, available at: https://bit.ly/3XLqXtz
40
12
AT EUROPE’S BORDERS: BETWEEN IMPUNITY AND CRIMINALIZATION
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