A Landmark Verdict on Pushbacks – Europe's Human Rights Reckoning

This month, the European Court of Human Rights' (ECtHR) issued a seismic ruling in the case of A.R.E. v. Greece, condemning, for the first time ever, Greece for its “systematic practice of pushbacks”. This landmark verdict exposes not only Greece’s, but also Europe’s failure to handle migration fairly at its borders.

The case in question centres on A.R.E., a woman who entered Greece to seek asylum in 2019. Instead of examining her asylum application as required by international and European law, the Greek authorities forcibly returned her to Turkey after holding her in a police station where her phone, shoes, and money were taken from her. 

Five years later, the European Court ruled in her case that Greece violated several articles of the European Convention on Human Rights (ECHR), including Article 3 (prohibition of inhuman or degrading treatment), Article 5 (right to liberty and security), and Article 13 (right to an effective remedy). 

Notably, the court found that Greece returned A.R.E without assessing her reasons for seeking asylum – a clear breach of both international, European and Greek law. These laws exist for a reason – to prevent people from being sent back to a place where they face persecution, violence or even death. 

Oxfam’s partner, the Greek Council for Refugees, who represented A.R.E, called it a “landmark” judgment, saying the “ECtHR's recognition of this illegal practice of the Greek authorities is a vindication for the thousands of victims who denounce the Greek authorities' pushbacks at the Greek-Turkish border. Greek authorities must stop this illegal practice". 

While this is the first legal condemnation of Greece for pushbacks, the “systematic nature” of pushbacks has been long documented by many NGOs and international organisations working in Greece. In fact, in 2021, the Greek Council for Refugees and Oxfam called pushbacks at the Greek border “persistent and systematic”. The ECtHR’s verdict puts into focus what we have been sounding the alarm on for years. 

The ruling also exposes major flaws in how Greece upholds the rule of law when it comes to migrants, asylum seekers and refugees. The ECtHR found that the Greek courts failed to conduct an effective investigation into A.R.E’s allegation as they rejecting her claim stating that the Greek police “never” engaged in such activity. 

This is not just a Greek issue. From Hungary to Poland, from Spain to Italy, we have seen similar reports emerging of pushbacks and violence at Europe’s borders. Stories often include people being put in de facto detention, stripped of their belongings, and beaten up. 

As the EU discusses migration policies across the bloc, this ruling should be a wake-up call to the reality on the ground – one that often bears little resemblance to the EU’s rhetoric. The EU portrays its migration policy as an expression of its fundamental values, aimed at protecting the rights and dignity of migrants. The EU and European countries would do well to pay attention and respond to the reality on the ground. Anything less risks undermining the EU’s credibility along with the lives of people on the move.