Islets, Interim Measures, and Illegal Pushbacks: Erosion of Rule of Law in Greece

 

This report documents the recent increase in use of Rule 39 measures on the Greek mainland, in order to secure access to international protection. It specifically details and analyses three case studies whereby transit groups were stranded on islets in the Evros river over the months of May and June 2022, and sent distress calls to state and civil society actors across Greece expressing their will to claim asylum. In all three cases, civil society organisations, including the Greek Council for Refugees, Human Rights360, AlarmPhone, and The Rule 39 Initiative submitted applications for interim measures on the behalf of the transit groups, and a Rule 39 decision was indicated by the European Court of Human Rights, legally binding the Greek state to provide temporary access to Greece and material reception conditions. Despite the Court’s rulings, as well as the extensive public documentation of the cases on social media platforms and in news outlets, all three transit groups were reportedly pushed back to Turkey after several days on the islets without food, water, or medical care.

In order to contextualise these events, the report briefly introduces a history of Evros islets in the context of pushbacks, the lack of access to asylum on mainland Greece and interim measures at the European Court on Human Rights. It subsequently discusses the ongoing responses and evolving consequences of the Greek state’s violations of the Court’s rulings, including by the UN Special Rapporteur on Human Rights Defenders, Members of the European Parliament, the LIBE committee, the Greek Ministry of Migration and Asylum, and other actors in Greece. The report additionally observes the concerning trend of criminalisation of civil society organisations and the use of smear campaigns to restrict migrant rights defenders from operating. In the context of the cases documented here and the recent investigation by Lighthouse Reports we, the Border Violence Monitoring Network, call for Greece to be held accountable and for all operational and financial support to be suspended until the rule of law is restored.