43 alleged victims about 50 incidents of illegal forced returns. The countries of origin of the alleged victims
are listed among the countries whose nationals are granted international protection status in Greece and
the EU at a significant rate (Syria, Palestine, Türkiye, Afghanistan, Iraq, Iran, Somalia, Cameroon, Mali
and Democratic Republic of Congo). The majority of the alleged victims are unregistered asylum seekers
who reported that their personal data have never been recorded by the Greek Authorities and that they
were informally and forcibly returned to Türkiye. The report also flags the cases of 6 Turkish nationals
unregistered asylum seekers with a political persecution in Türkiye, who were directly pushed back to
their country of origin without any assessment of their international protection needs. According to the
“National Mechanism”, “[t]hese incidents constitute a direct violation of the principle of non-refoulement,
which is the cornerstone of international protection of asylum seekers and refugees”.72 In the same report,
and among the 43 alleged victims, 5 were already asylum seekers in Greece and 5 recognised refugees
in Greece. The latter five alleged victims were deprived of their international protection status, already
granted to them by the Greek State.
In 2023, the practice of refoulements continued to be used as a “front-line” tool of Greece’s migration
policy, which has been quoted as a “de facto general policy” of “pushbacks at land and sea border” by the
UN Special Rapporteur on the Rights of Migrants in a 2022 report73, to halt the flow of refugees and to
deter others from attempting to irregularly cross the borders into the country. The practice is a permanent
eventuality for people attempting to cross the borders according to testimonies, media coverage and
reports. Serious incidents of alleged refoulements have been reported in which arbitrary removal of people
residing on the mainland (mainly Thessaloniki) or on the islands were carried out.
In addition, the European Parliament delayed the approval of Frontex’s budget in 2021,74 and rebuked
the agency for failing to respond to its previous recommendations75. In a 2022 report, the European
Parliament’s Budgetary Control Committee found that Frontex ‘did not evaluate its activities in Greece,
even though reports by institutions of Member States, the Council of Europe, and the United Nations show
that the Agency was carrying out operations in sections where simultaneously, fundamental rights
violations were taking place’.76
At the 20-21 June 2023 Warsaw-based Frontex’s Board Meeting, which took place soon after the tragic
Shipwreck of Pylos,77 Jonas Grimheden, the head of the Fundamental Rights Office, recommended the
suspension of Frontex’s activities in Greece, based on Article 46 of the agency's regulations, which applies
72
73
74
75
76
77
Ibid. page 5 of the report
Report of the Special Rapporteur on the human rights of migrants, Felipe González Morales, Human rights
violations at international borders: trends, prevention and accountability, 26 April 2022, para.32, available at:
https://bit.ly/3VNoYpV.
ECRE, Frontex: MEPs Vote to Refuse Approval of Budget, Commission “Shocked” by OLAF Report but
Confident in Management Board as Agency Calls Misconduct “Practices of the Past” NGOs Finds No
Difference, 21 October 2022, available at: https://bit.ly/3grKgH2.
“There are unresolved issues in recruitment and financial management, as well as in its operations in fighting
illegal immigration and cross-border crime, and MEPs ask for further improvements. For this reason, MEPs in
the report, finally adopted by 27 votes to 2 against and 1 abstention, ask for part of the Frontex 2022 budget
to be frozen, to make it available only once the agency has fulfilled a number of specific conditions. These
include recruiting 20 missing fundamental rights monitors and three deputy executive directors who are
sufficiently qualified to fill these positions, setting up a mechanism for reporting serious incidents on the EU’s
external borders and a functioning fundamental rights monitoring system”. See European Parliament, Press
Release: EP committee asks for part of Frontex budget to be frozen, 27 September 2021, available at:
https://bit.ly/3vJtviz.
Committee on Budgetary Control, Report on discharge in respect of the implementation of the budget of the
European Border and Coast Guard Agency for the financial year 2020 (2021/2146(DEC)), A9-0110/2022, 6
April 2022, available at: https://bit.ly/43AQ5Fx, p. 11.
“As a Frontex drone was to patrol the Aegean on the same day, the agency offered to provide additional
assistance ahead of the planned and scheduled flight. The Greek authorities asked the agency to send the
drone to another search and rescue incident south off Crete with 80 people in danger. The drone, after
attending to the incident south off Crete, flew to the last known position of the fishing vessel. The drone arrived
at the scene four hours later at 04:05 (UTC) in the morning, when a large-scale search and rescue operation
by Greek authorities was ongoing and there was no sign of the fishing boat. No Frontex plane or boat was
present at the time of the tragedy”. See Frontex, Frontex statement following tragic shipwreck off Pylos, 16
June 2023, available at: https://bit.ly/3VSdvpf. See also, BBC, Greece ignored offer to monitor migrant boat,
says EU border agency, 23 June 2023, available at: https://bit.ly/3TUkdZg.
38
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