- 62 143. In their communication of 3 July 2018, the Greek authorities reiterated that no such informal
push-backs take place and stressed their commitment in protecting the human rights of migrants and
refugees. Although the authorities are implementing a number of measures and operational actions
aimed at controlling Greece’s borders and preventing the irregular entry of migrants into the
territory, all these measures were carried out in line with national and European Union legislation
and included a number of bi- or multi-lateral cooperation activities. Returns to and cooperation with
Turkey are only carried out on the basis of existing bilateral readmission agreements and in line
with national and European Union law as well as international conventions and treaties (including
the principle of non-refoulement).
Further, during the end-of-visit talks, the Greek authorities informed the delegation that
official investigations were conducted by the judicial and police authorities, which had so far not
produced any evidence to suggest further disciplinary or other measures concerning such incidents.
Further, the Greek Ombudsman had opened an own-initiative investigation (including on the
involvement of the Hellenic Police, the First Reception Service and the Asylum Service and on the
handling of the investigation), which was still on-going.
The CPT would like to be informed of the outcome and receive a copy of both the
Greek authorities’ official investigation(s) and the Ombudsman’s own-initiative inquiry, once
they are completed.
144. That said, from the information gathered by the delegation during the visit, it appears that, at
least until early March 2018, a number of foreign nationals who irregularly entered Greece from
Turkey via the Evros River border and who were apprehended by Greek police and border guards
were de facto subjected to informal forcible removals (push-backs) to Turkey without being
provided an effective possibility to apply for asylum in Greece. Further, it appears that these
persons were not properly identified and registered and, consequently, they were not in a position to
make use of the legal remedies against their expulsion or return provided for by law.
In the light of these circumstances, the CPT considers that these persons were not effectively
protected against the risk of refoulement, including possible chain refoulement.
145. Therefore, the CPT recommends that the Greek authorities act to prevent any form of
push-backs taking place across the Evros River border by law enforcement officials. All
foreign nationals arriving at the border or present in the territory of Greece who wish to
request international protection should be effectively protected against the risk of
refoulement, including possible chain refoulement. In particular, they should have effective
access to an asylum procedure which involves an individual assessment of the risk of illtreatment, on the basis of an objective and independent analysis of the human rights situation
in the countries concerned.
To this end, clear instructions should be given to Greek police and border guards to
ensure that irregular migrants who have entered Greek territory must be individually
identified and registered, and placed in a position to effectively make use of the legal remedies
against their forced return.
Further, as regards alleged ill-treatment by the police, reference is made to the
recommendations made by the CPT in paragraph 76.
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