Border justice

Rightlessness & violence at Europe’s borders

For a decade ECCHR’s border justice team has pursued legal action against pushbacks at land and sea borders in front of national, European and international courts, as well as other legal mechanisms. Each case we work on is exemplary. Together they map out and challenge key moments in the growing pattern of pushbacks across Europe. The Spanish-Moroccan border, which would serve as a laboratory for pushbacks across Europe, was the team’s primary focus. After EU states announced the closure of the Balkan route in 2016, pushbacks surged across the region. Due to the dramatically deteriorating situation, the team began to focus almost exclusively on these borders.

Croatia

Border justice

Croatia: Pushback of refugees using extreme violence and sexual assault

Pushbacks

Four refugees subjected to brutal ill-treatment including sexual violence during a pushback operation by Croatian officers in late 2020 demand justice. Together with the Croatian NGO, CMS (Centre for Peace Studies), they have filed a criminal complaint and insist that the perpetrators are identified and held accountable.

Germany

Border justice

“Seehofer Deal” denies access to asylum procedures and effective remedy

Pushbacks

Germany and Greece concluded the so-called Seehofer Deal in 2018. The administrative agreement named after German Minister of Interior Horst Seehofer says: migrants and refugees who have already applied for asylum in Greece and arrive to Germany via Austria should be refused entry and returned to Greece within 48 hours. This is what happened to Syrian asylum seeker HT.

Croatia

Border justice

Pushbacks in Croatia: Complaint before the UN Human Rights Committee

Pushbacks

A 21-year-old Syrian refugee crossed the Bosnian-Croatian border. He and other refugees were pushed back by armed Croatian police officials. The Syrian, supported by ECCHR submitted a complaint to the UN Human Rights Committee urging it to examine Croatia’s practice of expulsions.

Bulgaria

Border justice

Bulgaria’s pushback practice condemned by ECtHR

Pushbacks

Bulgaria’s systematic expulsion of refugees and migrants to Turkey without an examination of the individual risk of ill-treatment violates the European Convention on Human Rights, the European Court of Human Rights ruled in July 2021.

Libya

International crimes and accountability
Border justice

Migrants and refugees in Libya face crimes against humanity: The ICC must investigate

Migration

Enslavement, arbitrary detention, sexual violence – these are just some of the serious crimes that migrants and refugees have been systematically subjected to in Libya. In order to bring an end to impunity for such crimes, ECCHR and its partners have, in cooperation with 14 survivors, filed a communication to the International Criminal Court.

Greece

Border justice

Greece before the European Court of Human Rights

Pushbacks

In December 2021, the European Court of Human Rights communicated eight cases from a total of 47 applicants, filed against Greece between January and December 2021. ECCHR and its partners PRO ASYL and Refugee Support Aegean have submitted a third party intervention to the European Court of Human Rights in July 2022 in all eight cases regarding Greece’s systematic human rights violations at its borders.

Croatia

Border justice

Croatia to answer to European Court of Human Rights

Pushbacks

Croatia is obliged to account for its pushback practice to Bosnia and Herzegovina (BiH) before the European Court of Human Rights. The court accepted the individual complaints brought by three Syrian refugees. The applicants were denied any individual assessment as they were summarily and collectively expelled in October 2018 at the border between Croatia and BiH.

Spain

Border justice

ND and NT v. Spain

Pushbacks

ND and NT crossed the border fence structure in Melilla and entered Spain in August 2014. The Spanish Guardia Civil apprehended them, along with approximately 70 other individuals from sub-Saharan Africa who also had climbed the fences. They were immediately “pushed back” to Morocco – without access to any legal procedures or protection.

Spain

Border justice

Spain’s deadly border: Justice denied to victims at El Tarajal, Ceuta

Pushbacks

At least 15 dead and many more injured: this is the outcome of a brutal pushback operation by the Spanish Guardia Civil - a paramilitary police force - at the border between Morocco and the Spanish enclave of Ceuta on the beach of El Tarajal. ECCHR assisted survivors and witnesses of the events of 6 February 2014 in taking legal proceedings against the Guardia Civil.

Spain

Border justice

UN condemns Spain’s pushback policy

Pushbacks

Spanish authorities apprehend and summarily deport unaccompanied minors to Morocco without a procedure to identify them and protect their rights. This policy was strongly condemned by the UN Committee on the Rights of the Child in February 2019 in a decision that clearly upholds the fundamental rights of unaccompanied minors at Europe's borders.

Italy

Border justice

Criminalizing sea rescue: ECCHR demands UN intervention

Rescue at sea

For years, Italy has intimidated, threatened and prosecuted sea rescues that provide vital humanitarian assistance to refugees and migrants in the Mediterranean. To counter this, ECCHR submitted a letter to the UN Special Rapporteur on the Situation of Human Rights Defenders regarding Sea-Watch 3 crew members, in particular Captain Carola Rackete.

Italy

Border justice

Sea rescuers under attack: Iuventa crew criminalized by Italy

Rescue at sea

The NGO ship Iuventa (owned and operated by German organization Jugend Rettet) has been rescuing refugees and migrants in the Mediterranean Sea, off the Libyan coast, thereby providing crucial aid to those abandoned by state-administered sea rescue. In August 2017, Italian authorities seized the Iuventa, preventing any further rescue missions. In May 2022, pre-trial proceedings against four crew members began.

Greece

Border justice

Greek hotspots: Complaint against European Asylum Support Office to the EU Ombudsperson

Hotspots

According to ECCHR’s analysis of a series of admissibility interviews conducted on the Greek Islands, EASO fails to respect core standards of fairness. The interviews do not permit a fair assessment of cases and do not give room for a thorough investigation of vulnerability.