How Do the Recent Refoulements of Turks Fit Into the Saga of Greek-Turkish Relations?
The illegal pushbacks are only a chapter in the troubled relationship.
“We therefore await that neighbouring Greece, which has suffered from coups in the past, will hand them over to us to be tried,” the Turkish ambassador to Athens remarked on the anniversary of the failed coup. He was referring to the eight putschists who fled Turkey on July 16th 2016, right after being involved in the attempt to overthrow the Erdogan regime.
Their extradition was blocked by the Greek Supreme Court. Their case was settled, judicially at least. Turkey is unwilling to accept this; they are insisting on extradition. In other similar cases, they have had their way.
On June 2nd 2017, the Hellenic League for Human Rights revealed an incident that received notable negative attention from the international community. Ten Turkish nationals crossed the border into Greece at Evros (prefecture at NE Greece) and requested political asylum, only to be handed over to masked gunmen by Greek police authorities.
Under international, European and Greek law, this move was illegal. Dr. Tom Dannenbaum, Director of the Human Rights MA Programme at University College London, explained the legal framework.
“The non-refoulement obligation is a non-derogable rule of international law enshrined in multiple treaties (such as the Refugee Convention and the Convention Against Torture), interpreted as implicit in others (such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights) and applicable also as a matter of customary international law. To say that it is non-derogable means that a state cannot excuse itself from the obligation even in a time of emergency. Many would argue that it is also a peremptory norm of international law, meaning that a state cannot exempt itself from the rule, even if it does not sign onto any of the above treaties and objects persistently to the custom.”
To condemn what happened without questioning it would be naive. The notorious incident falls under an intricate web of tense diplomatic relations and breaks a foreign policy pattern that Greece has upheld for decades.
Angelos Syrigos, professor of Greek-Turkish relations at Panteion University in Athens described the connection between the two neighbours.
“Historically, one could say that for Turkey, Greece was the closest European country in which human rights were respected and the politically persecuted were protected. This is what has been happening since 1980, when an authoritative regime was established in Turkey.”
The highest judicial authority in Greece affirmed the country’s status as a safe refuge for those facing persecution in Turkey. In January of 2017, the Greek Supreme Court ruled that the extradition of eight Turkish military officers, wanted by Turkish authorities for their involvement in the July 2016 coup d’etat, was unconstitutional. Their extradition was consequently prohibited.
Citing the strong evidence suggesting “inhumane, cruel and ruthless” treatment at Turkish prisons, the Supreme Court ruled that the extradition was illegal.
The ruling, which came months before the asylum seeker hand over incident, is the best hope for the rule of law, Dr. Dannenbaum explained.
“Non-refoulement rules are most effectively enforced by domestic courts in a state in which norms around the rule of law preclude government officials and the state itself from disobeying court orders. A supranational court, such as the European Court of Human Rights may impose reparations on the offending state for violations. Reaching that stage can take years.”
Since the attempted coup, Turkey has imprisoned more than 50,000 people, many of whom are journalists. Erdogan asserted extraordinary restrictions on the human rights afforded by the European Convention on Human Rights and International Covenant on Civil and Political Rights.
This right is indeed enshrined in international law, to an extent. States are prohibited to derogate from certain provisions, such as the torture of detainees. Human rights groups have reported several cases that breach these non-derogable clauses.
Öztürk Türkdoğan, the head of the Turkish Human Rights Association (IHD), declared that this year, human rights violations in Turkey were the worst since 1986. In his statement, he made special note of extrajudicial executions.
“Perhaps the best phrase to describe Erdogan’s views is, “When this is over, Turkey will either be smaller or bigger.” Obviously, he is not putting himself through all this trouble to weaken Turkey. He is engulfed by his certainty of Turkey’s greatness and his conception of it as a regional superpower. Other leaders would choose to focus on their most vulnerable front. Erdogan chooses to attack on all fronts,” professor Syrigos noted.
Turkey’s open fronts with Greece are abundant.
Cyprus
- In 1974, Greek Cypriots supported by the Greek regime (1967–1974 military junta) tried to overthrow the island’s government. Turkey invaded the island and took control of its northern part. In 1983, Turkish Cypriots declared their independence, while continuing the policy of expulsion of Greek Cypriots from their homes in Northern Cyprus. To this day, the Turkish Republic of Northern Cyprus is not recognised by any other country apart from Turkey, which maintains around 40,000 troops on the divided island.
- UN’s new Secretary General has taken a harder stance on the issue. The blue berets in Cyprus are the longest UN peacekeeping mission. Officials have hinted that if talks fail again, they will withdraw UN forces. Australia withdrew its police force from Cyprus on June 16th 2017, to redeploy them in the Asia-Pacific region.
- Bilateral talks between Greek and Turkish Cypriots have repeatedly failed. The new round of negotiations between representatives of the island’s estranged communities and diplomats from Greece, Turkey and Great Britain, was welcomed with optimism. The conference launched in Geneva on June 28th. It collapsed a week later “amid angry scenes.”
Aegean islands
- The uninhabited islets lying between Turkey and Greece, at the edge of the Aegean sea, are historically a source of contention. In November 2016, Erdogan questioned the Treaty of Lausanne, which established the Greek-Turkish borders. In his words, “Of course we are content that we benefited from the Treaty of Lausanne. But it is a treaty that can be discussed. Under no circumstances is it sacred text. And of course we will discuss it.”
- Airspace violations over the islands, by both Turkish and Greek airforce, are a common occurrence. A week after the Greek Supreme Court’s decision to block the extradition of Turkish officials, the Greek Defense Ministry announced that it had registered 138 violations of its national airspace.
- The two Prime Ministers met in Athens on June 19th, when they agreed to maintain open channels of communication. “I stressed to Mr. Yildirim that this situation isn’t helping at all, and that these infringements cannot continue,” the Greek Prime Minister proclaimed, during a joint press statement after the meeting. His Turkish counterpart responded, “Of course these are not unilateral. The violations are mutual.”
Open channels of communication and a lack of tangible progress are the defining characteristics of Greek-Turkish relations. The two countries have had unresolved issues for many decades. Diplomatic relations are constantly tense. They often reach a breaking point, yet never break.
“The palpable Turkish threat does not allow for Greek governments to differentiate their approach. In terms of their policy towards Turkey, there has been no difference between the SYRIZA coalition and previous governments.”
Erdogan’s ambition for Turkey’s accession to the EU kept his foreign and domestic policy relatively tame since the onset of negotiations in 2005. In the wake of the negotiations, the death penalty was abolished, back in 2004. Fast forward to the 2016 coup, and the reinstatement of capital punishment is discussed in Turkish politics. Multiple human rights violations have been reported.
The rights of those reporting them are also in peril. As of July 8th, the two top Amnesty International officials have been placed under police custody, along with many activists. The European Parliament voted to suspend accession negotiations.
The president of Turkey, whose constitutional powers were extended after a referendum in April 2017, seems to have downgraded EU’s opinion in his priority list. He had announced he would officially reintroduce capital punishment in Turkey if he won the referendum, although that matter is still pending.
The EU-Turkey deal on immigration has left Europe relying on Turkey’s compliance to curb migrant flows. It has put Europeans in a precarious situation, as professor Syrigos explained.
“Theoretically, Turkey could let migrant flows run free to pressure the EU on visa waivers for Turkish nationals, or Greece on the Cyprus issue. Up to now, they haven’t made any such attempts, but have asserted plenty of verbal threats. They might be worried that Turkey will once again become a pole of attraction for immigrants and refugees from the Middle East and Asia.”
Turkish policy seems to be pursuing an expansion of power, inside and outside the country. Europe is dealing with its own internal problems, and border safety is at the top of their priority list. Greece lies in the middle of these pursuits, both geographically and politically.
As the Chairman of the Hellenic League for Human Rights, Cleo Papapantoleon, made clear these cases of refoulement differ.
“It is not the first time refoulement happens. Greece and other countries do it systematically, it is a common secret between EU states. But there is a very important qualitative difference. We know what happens in Turkish prisons, the accusations are not mere fiction anymore. You can’t simply send them back to be tortured. There are laws and procedures that must be followed.”
Pressured by both sides, the pushbacks happened either because the state gave an order or the policemen acted on their own. In both scenarios the Greek government is obligated to investigate the events and prosecute according to the evidence. The question is, if justice will prevail over politics.
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