For the second time, the European Court of Human Rights (ECtHR) in Strasbourg condemned the EU country Greece in early 2024 for human rights violations against refugees seeking protection. The event took place almost 10 years ago: on 22 September 2014, the Greek coastguard tried to stop a refugee boat near the island of Pserimos and fired 13 shots at the boat. A Syrian father was hit in the head and died after months in a coma. Proceedings against those responsible were dropped in Greece. A PROASYL lawyer filed a complaint with the ECtHR on behalf of the family and was successful more than nine years later: Greece was found to have violated Article 2 of the European Convention on Human Rights ECHR (right to life). The widow and children were awarded compensation totalling 80,000 euros. The court also criticised the fact that the Greek authorities’ investigation into the incident was inadequate and seriously flawed.
There was another case in January 2014 near the island of Farmakonisi. At that time, an unseaworthy refugee boat with 27 people on board was towed towards Turkey in the eastern Aegean Sea and was so badly damaged during the manoeuvre that it capsized. Eleven people died and the survivors were then temporarily detained by soldiers and treated inhumanely. In July 2022, the European Court of Human Rights condemned Greece for the deaths of the people seeking protection (violation of Art. 2 of the ECHR) as well as for inhumane treatment (violation of Art. 3 of the ECHR) and the inadequate handling of the case by the Greek judiciary (violation of Art. 13 of the ECHR). A total of €330,000 in fines was imposed.
Another case from June 2023 is still being legally investigated. At that time, hundreds of refugees died in a capsizing ship off the coastal town of Pylos because the Greek coastguard did not initiate rescue measures. It is expected that this case will also end up before the ECtHR.
PROASYL sees these cases as just the ‘tip of the iceberg’, as many cases do not end up in court at all. The organisation is therefore calling on the EU to ‘activate the EU rule of law mechanism and initiate Article 7 proceedings against Greece in order to prevent further deaths and disasters’. The rule of law mechanism is intended to penalise violations of certain EU values financially. This instrument has already been used against Poland and Hungary. The Article 7 procedure for the protection of fundamental values is used to determine whether there is a risk of a breach of EU values or whether a serious breach has already occurred. The most serious sanction provided for in the procedure is the suspension of the Member State’s voting rights.
Further information with links to the court judgements:
Tote Geflüchtete als griechische Kontinuität: Von Farmakonisi über Pserimos nach Pylos | PRO ASYL
tun 24042405
www.tuenews.de
Ein Stacheldrahtzaun. Foto: tünews INTERNATIONAL / Martin Klaus.
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