XI. Greece’s Nonrefoulement Obligations The principle of nonrefoulement in international law forbids the expulsion or return of a person to a place where he or she would face persecution, torture or inhuman or degrading treatment. This is a non-derogable principle of international law and must be strictly observed. Both international refugee law and human rights law carry obligations of nonrefoulement. The obligations trigger under different circumstances, but brought together amount to the above principle. Nonrefoulement Under Refugee Law The 1951 Refugee Convention prohibits the return of refugees “in any manner whatsoever” to places where their life or freedom would be threatened.145 Greece is bound to the principle of nonrefoulement through its ratification of both the 1951 Refugee Convention and its 1967 Protocol.146 Further, Greek domestic law, incorporating Greece’s international obligations as well as transposing the asylum directives of the European Community, additionally and explicitly binds Greece to the principle of nonrefoulement.147 As this report has shown, official deportations are the tip of the iceberg of forcible returns from Greece to Turkey. Most take place under cover of darkness across the Evros River or off the Turkish coast. Pushbacks at sea or on the border do not nullify the nonrefoulement obligation. As early as 1977, UNHCR’s Executive Committee issued a formal conclusion that “[r]eaffirms the fundamental importance of the observance of the principle of nonrefoulement—both at the border and within the territory of a State…”148(Emphasis added.) 145 Convention Relating to the Status of Refugees (Refugee Convention), 189 U.N.T.S. 150, entered into force April 22, 1954, Art. 1.A.2. 146 Ratification of Refugee Convention by Legislative Decree 3989/17/26-9-OG A-201/26-9-1959. Protocol of 1967 ratified by Law 389/1968, OG A -196/16-12-1991. 147 Presidential Decree96/2008, Article 21.1. Note that the provision here refers to the “international obligations” of the country. Accordingly, this must also apply to nonrefoulement obligations under human rights law, discussed below. 148 UNHCR Conclusion 6 (XXVIII), “Non-Refoulement,” October 12, 1977, http://www.unhcr.org/excom/EXCOM/3ae68c43ac.html (accessed August 29, 2008). Stuck in a Revolving Door 64