Illustratively, in its September 2023 report to the UN Human Rights Committee for the examination of Greece’s compliance with the International Covenant on Civil and Political Rights (ICCPR), the Greek Government categorically dismissed the UN Special Rapporteur on the Human Rights of Migrants’ references to Greece’s pushback practices, 94 stating that they “do not correspond to the real situation”.95 In 2024, the Greek delegation to the Human Rights Committee further held that: [p]ushbacks were not the policy of the Greek Government in any way, shape, or form; the Government policy was clear. Actions taken by Hellenic authorities at the sea borders were carried out in full compliance with international obligations. Allegations on so-called pushbacks were not compatible with the well-established operations of the Hellenic authorities. However, any allegations of pushbacks or mistreatment of third country nationals were thoroughly investigated. From 2015 to the present, the Hellenic coast guards had rescued more than 254,000 people. Several mechanisms allowed complaints against pushbacks to be submitted to the Hellenic authorities, and the coast guards had a robust disciplinary mechanism, The State had made all the progress it could considering the difficult region. Legislation protected everyone, including human rights defenders. Alleged “smear campaigns” needed to be examined by the courts; they could not always be presumed.96 The Greek Government has also remained opposed to the development of an independent border monitoring mechanism and has referred since 2022 to the National Transparency Authority (NTA) as the body responsible, amongst others, for the investigation of pushback allegations.97 The NTA has been criticised for lacking expertise to investigate pushbacks and for failing to act as an independent body, as it does not comply with the constitutional prerequisites for safeguarding the independence of such authorities.98 On 31 July 2023, the NTA published its annual report for 2022 which, as noted by the NTA, “provides objective and comprehensive information on all the activities of the Authority, which were carried out during 2022, as well as the actions included in its operational planning for the following year”. 99 In the Greek version of the report, the NTA notes that, in 2022, it received a total of 2,694 general complaints, 167 of which were forwarded to other audit services (mainly to the “AADE” and the Internal Affairs Service of the Security Services) due to lack of jurisdiction.100 This annual report does not mention any activity related to investigation on a complaint concerning pushbacks nor of any public service/authority against which allegations of being engaged in pushback operations has arisen in recent years. On 6 September 2024, the NTA published its annual report for year 2023.101 Apart from a reference to 8 audits carried out in Non-Governmental Organisations registered in the Registry of the Ministry of 94 95 96 97 98 99 100 101 See, UN Special Rapporteur on the Human Rights of Migrants, Human rights violations at international borders: trends, prevention and accountability, A/HRC/50/31, 26 April 2022, para. 32: “in Greece, pushbacks at land and sea borders have become de facto general policy”, available here. UN Human Rights Committee, Third period report submitted by Greece under article 40 of the Covenant pursuant to the optional reporting procedure, 13 September 2023, CCPR/C/GRC/3, para. 158, “[r]eports indicating that the practice of so-called ‘pushbacks’ ‘has been established as the de facto border policy’ do not correspond to the real situation”, available here. Un Human Rights Committee, Experts of the Human Rights Committee Commend Greece on Measures Taken for Unaccompanied Minors, Raise Questions on Domestic Violence and Allegations of Border Pushbacks, 22 October 2024, available here. GCR, Greek Council for Refugees input for the forthcoming report of the Special Rapporteur on the human rights of migrants with respect to human rights violations at international borders: trends, prevention and accountability, 28 February 2022, p. 5 and footnotes 29 and 30, available at: https://bit.ly/3oleekc. For more information about the Greek NTA, see AIDA, Country report: Greece, 2023 Update, p. 36, June 2024 available here. See, also, UN Special Rapporteur on human rights defenders, Statement on preliminary observations and recommendations following official visit to Greece, 22 June 2022, available at: https://bit.ly/3q1bwAZ. See also UNHCR, OHCHR, ENNHRI, Ten points to guide the establishment of an independent and effective national border monitoring mechanism in Greece, 9 September 2021, available at: https://bit.ly/3MjauaM: ‘Ensure that those entrusted with monitoring fundamental rights at borders have thorough institutional experience in international human rights law, EU fundamental rights law and in fundamental rights as guaranteed by the Greek Constitution and national legislation as well as on evolving international, European and national case law interpreting such law. Institutional experience in asylum, border management and return as well as practical experience in human rights monitoring and in working with law enforcement actors are additional assets which facilitate a successful functioning of the monitoring mechanism.’ NTA, 2022 Annual Report, 31 July 2023, available in Greek at: https://bit.ly/3TNGjMN, and English at: https://bit.ly/4amDMAl. Ibid., pp 43-44. NTA, 2023 Annual Report, 15 January 2025, available in English here and in Greek here. 41