The group was then led by at least 10 armed persons who wore military fatigue and balaclavas and
who spoke Greek, to an inflatable boat which was operated by two Bangladeshi nationals who
brought them to the Turkish side of the river, where they were left in the freezing temperatures
without clothes until they were found by Turkish border guards.
156.
As regards alleged pushbacks at sea, persons crossing the Aegean Sea from Türkiye to the
Greek islands by boat claimed that they were intercepted by the Hellenic Coast Guard and removed
back to Türkiye without any assessment of the risk of refoulement. Some alleged that they were
forced to board a larger vessel before being placed on an inflatable dinghy and towed back to Turkish
waters. Other persons claimed that they were intercepted by speedboats manned with masked
persons in black clothes who violently boarded the boat and destroyed the engine or threw it into the
sea, towed them farther out to sea and left them adrift in unseaworthy boats. A number of persons
alleged that they had been apprehended by police officers or persons wearing masks after having
arrived on the islands, notably Kos and Samos, and were thereafter transported to a port area, placed
on a vessel and taken out to sea, where they had to disembark onto small life rafts, and were set
adrift. Many persons also stated that on one or more occasion prior to successfully reaching a Greek
island they had been intercepted by the Turkish Coast Guard and returned to Türkiye.
For example, in an interview conducted at the CCAC Lesvos, a group of Eritrean nationals alleged
that they were intercepted by a Hellenic Coast Guard boat in the Aegean Sea and pushed back into
Turkish waters in the night of 6 to 7 July 2023. They claimed that one of the unidentified masked
men, all four of whom were dressed in dark clothes, boarded the boat and hit a man whom he
suspected of being the driver of the boat across the head with the butt of a gun handle causing him
to collapse unconscious. The masked man then removed the engine, threw it into the water, and
forced the group to hand over their mobile phones and money. The boat was left adrift for several
hours until the group was picked up by the Turkish Coast Guard. The man who had been struck on
the head remained unconscious and was brought to a Turkish hospital, where he reportedly died
early the next morning.
157. As was highlighted in the 2020 visit report, the CPT delegation also heard about families
being separated due to a pushback operation. For example, in March 2023, a mother and two of her
children were reportedly apprehended by masked men after landing at night on Samos and, along
with other persons, were taken back out to sea and left adrift on a small raft until they were picked
up by the Turkish Coast Guard. During the apprehension and refoulement, the mother had become
separated from her third child, a four-year old girl, who ended up in Mytilene under the protective
custody of the prosecutor. Attempts to reunify the daughter with her mother are ongoing.
Nevertheless, such a case clearly illustrates the tragic consequences of the violent practice of
refoulement, which places the lives of persons seeking asylum at risk.
158. The Greek authorities have maintained, in their response to the report on the 2020 visit and
in various exchanges, including with the delegation at the end of the 2023 visit, that there was no
evidence to implicate Greek law enforcement agencies with incidents of violent forcible removals
from Greek territory across the land border with Türkiye in the Evros region.
Clear orders and instructions were given by the Hellenic Police to respect the human rights and
dignity of all foreign nationals who arrive irregularly in the country and that detained persons shall
not be returned before their application for international protection is examined.
The Greek authorities also refuted the allegations implicating the Hellenic Coast Guard of disabling
migrant boats and pushing them back into Turkish waters, or of persons being apprehended on land
and subsequently transported out to sea and left adrift.
The Greek authorities have pointed to the oversight mechanisms in place such as the Greek
Ombudsman and the National Transparency Authority, in addition to the prosecutor’s office, as
evidence that any alleged pushback operations would be subject to scrutiny. They also informed the
CPT that the modus operandi of the human smuggling groups is to tell persons crossing into Greece
that they should make up stories that they had previously been forcibly removed from Greece. The
CPT is unconvinced by such reasoning as persons seeking asylum, especially women and children,
have nothing to gain by making up stories of pushbacks.
47
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