AYS Daily Digest 20/7/21: The fight against pushbacks & violence at the EU’s borders continues with a new tailwind from Strasbourg
ECHR rules against Bulgaria in illegal pushback case of Turkish journalist// First action for violations of fundamental rights filed against Frontex before EU courts & first 150 kilos of manure placed at the Frontex offices in Las Palmas// In Sweden, residence permits for refugees time-limited in the first instance / & more news
FEATURED
Previous reports have highlighted how Bulgaria and Turkey continue to collaborate closely as “gatekeepers” of the EU, including Bodermonitoring Bulgaria’s (BMB) report on the ongoing usage of Push Backs at the external borders of Bulgaria. The European Court of Human Rights (ECHR) has now acted on those reports and ruled against Bulgaria in the illegal pushback case of a Turkish journalist.
According to the ruling, the Bulgarian authorities breached articles 3 and 13 of the European Convention on Human Rights in the case D v. Bulgaria, in which the applicant, a Turkish journalist, was forcibly returned to Turkey.
Bulgaria’s systematic expulsion of refugees and migrants to Turkey without an individual examination of the risk of torture, inhuman or degrading treatment violates the European Convention on Human Rights, the European Court of Human Rights has ruled.
It was stressed that, in the case, at no point did the Bulgarian authorities assess the risk of torture, mistreatment and further political persecution faced by the applicant in Turkey. He was not allowed access to a lawyer or interpreter and was returned to Turkey within less than 24 hours.
“It sets a strong counterpoint to Bulgaria’s longstanding practice of denying refugees protection from persecution and handing them straight back to their persecutors,” D’s counsel said.
“The right to asylum is under attack. Today’s ruling has once again clarified that the protection from refoulement is absolute. The fight against pushbacks and violence at the EU’s borders continues — with a new tailwind from Strasbourg,” — PRO ASYL
Read more information on the case in the Court’s legal summary (in English) or the judgment in full (in French).
EU
Will the heads of police formulate the common EU Migration Policy?
The Slovenian presidency is shaping up the common stance on migration, as it seems. The latest action in that regard was the recent meeting of the EU’s Ministers of Interior, hosted by the Slovenian MoI. What they underlined, unsurprisingly, is “the importance of closer cooperation with the countries of origin and transit, and efficient returns”, setting drafts for “a future Schengen system that is resilient to new challenges and any new potential threats,” as they said in an official report. They were reportedly also shown “a practical demonstration on how the proposal on artificial intelligence regulation will impact the daily work of police”.
Joint voices: European countries should immediately cease all deportations to Afghanistan
Several NGOs, refugee-led organisations and members of the Afghan diaspora in Europe have come out with a joint statement demanding European countries to immediately cease all deportations to Afghanistan and ensure the protection of Afghans amid the deteriorating security situation in the country:
Our network, the Border Violence Monitoring Network has published its new findings in the monthly report:
GREECE
Stonisi, the local Greek media outlet, has reported that Pikpa remains unused up until now, and can’t get a permit to reopen. Since 2012, Pikpa camp has catered to the needs of 1000s of particularly vulnerable asylum seekers. Last October 74 residents including 32 children got evicted by local authorities.
Also, the Greek government continues their war on NGOs.
Greece’s police released (another) statement accusing NGOs of colluding with smugglers yesterday.
Although our courts never found anyone targeted in such statements guilty, the public is left thinking that NGOs are smuggling refugees.
Solidarity is not a crime. Pushbacks are, says Manos Manoschopulos.
A reminder:
As appeals towards EU Member states to stop deportations to Afghanistan surge, a survey by the UNHCR among people residing at camps on Lesvos, Chios, Samos, Kos, Leros, Rhodes and Tilos shows that nearly half (49%) of the population come from Afghanistan. The next highest countries of origin are Syria (14%), Somalia (8%) and the Democratic Republic of the Congo (7%). Among all migrants, only 35% have been granted refugee status so far.
SERBIA
Voices from Šid — “when you hurt me without reason, it is painful”
The border area on the Serbian side still gathers people who were pushed back, those intending to try and cross into the EU, and those who have been trying and giving up for months, all enduring horrible treatment from many sides.
The No Name Kitchen (NNK) team active in the area tells about the people they encounter there.
Also, here is the quarterly summary of their Health on the Move project.
CROATIA
UN: a lot of “credible reports” of border police officers mistreating people on the Croatian border
After the UN pressed Croatia on the question of illegal pushbacks back in January, now another reminder of the horrid practice comes from the UN’s representative.
Calling on the government to strengthen the asylum system to assess those people in need of international protection, the head of international protection at the UN Gillian Triggs has said there are a lot of “credible reports” of border police officers mistreating people on the move on the Croatian border.
As we know, Croatian police and authorities regularly dismiss allegations of violence against refugees and migrants, saying they are investigating all complaints, but disregarding the reports and many testimonies that are collected, corroborated and published by a number of organisations.
The title of this news might sound hopeful at first, but if you look more closely at the UN representative’s statement, they (knowingly or not) support Croatia’s avoidance of the independent element in the announced border monitoring mechanism. One comment demonstrates this clearly: “Croatia is the first country in the EU to establish an independent body to address these reports and monitor and investigate them”. Croatia unfortunately has no intention to establish an independent body, but rather that of their confidants (organisations directly benefiting from the Ministry of Interior’s decisions on AMIF and their preferred individuals from the field of law).
Additionally, the proposed monitoring will not take place in the key areas, nor will the members of the monitoring teams be allowed unannounced visits, so we miss seeing the improvements from the so far mock up monitoring reports to these almost staged operations. The UN representative also stated that she believes that the Croatian refugee integration program is “excellent”. Perhaps that is why they are collectively wondering why out of ten Syrian families resettled to Sisak, only two remained in Croatia and the others departed for the West.
Are You Syrious is fully invested in integration activities here in Croatia, often serving as a corrective to the system — sometimes extra support, and most of the time its replacement. This position has given us insights which we will be sharing in an upcoming Special on integration programs in theory and in practice in Croatia.
FRONTEX
The issue of the EU border agency has become so big that we introduced a special thread in our Daily Digest only on that topic. Getting your own subtitle in AYS News Digest means you’re up into some sh**. Speaking of that…
150 kilos of manure at the Frontex offices in Las Palmas
Activists of Abriendo Fronteras Caravan have spread out a physical manifestation of what they (and not only them) see the EU border agency to be, and they read a manifesto calling for the disappearance of Frontex, the agency to which systematic human rights violations, participation in deportations, cooperation with third countries and the strengthening of borders is attributed more and more. According to a report by the European Parliament, Frontex has taken part in multiple actions contrary to human rights in countries such as Hungary, Croatia or Greece.
“Serious or persisting violations of fundamental rights and international protection obligations committed in the Aegean Sea Region, related to the activities of Frontex”
It is published that an action against the European Border and Coast Guard Agency (Frontex) (T-282/21) is currently pending before the General Court.
Frontex has failed to fulfil its obligations under the Charter in order to prevent foreseeable violations of the right to life, the prohibition on collective expulsion, the principle of non-refoulement, and the right to asylum, among others.
The applicants claim that there is substantial evidence establishing that the new tactics used for border control operations in the region amount to a policy of ‘systematic and widespread attack directed against civilian populations seeking asylum in the EU’.
In the meantime, Frontex missions widen, spread and receive more freedom in deciding on the next steps of action.
GERMANY
Repeated reports of racist attacks
Repeated reports of racist attacks are emerging from Germany. In Erfurt (Thuringia), a man was beaten up in a tram by four perpetrators for presumably racist motives, Seebrücke International reported.
In BadSchlema (Saxony) a 20 year old man was racially insulted and brutally attacked by eight men on a public bus. In the cases mentioned here the perpetrators were caught.
SWEDEN
Residence permits for refugees time-limited in the first instance
The Swedish parliament approved a law last month that replaces temporary legislation brought in five years ago in a bid to bring down record numbers of asylum requests. It also introduces the possibility of Swedish language and civic knowledge tests for anyone wanting to stay in the country long term. The full details of the bill will be laid out in a separate process, media reports say.
The final bill contains no cap on asylum seeker numbers. The Green Party also secured a concession that states people not eligible for asylum may still be allowed to stay in Sweden on compassionate or humanitarian grounds
UK
A £166 million contract to a dodgy firm to run a controversial new detention centre
The Government has announced that the new facility will open after 400 women were released from the notorious Yarls Wood detention centre.
Accused of exploiting its workers by not paying for hours worked, it seems that a firm linked to the Conservative party will run a new immigration detention centre for women. Its facilities have previously been found to be “dirty” and “desolate”.
Detention centres are sites of historic abuse. The trauma endured within these buildings is cruel, inhumane, and unnecessary, often times further harming those who have fled violence and oppression in their countries of origin. This trauma is institutional and systemic, where detained individuals suffer abuse on account of identities such as their race or gender. Racially minoritised women are especially at risk, and the Hassockfield/Derwentside detention centre will only further traumatise them — Abolish Detention Hassockfield
WORTH READING
- some of the news from the Mediterranean:
- MEP Erik Marquardt has written a book on asylum policy. A conversation about pull factors, the line between activism and politics and where he would bet a box of beer:
- Everyone can do something! Activism of a local school:
- On data-driven practices of border control and the inequalities they engender, the subjects they (de)compose and the governmental logic they express:
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