The principle of non-refoulement, the pushbacks of asylum seekers by Greece, and the role of Frontex.

Abstract

The objective of this study is threefold: to provide an overview of the principle of non-refoulement, to present, discuss and examine the accusations of pushbacks by Greece, and the involvement of Frontex. For this purpose, some necessary definitions for better understanding of the topic will be provided. Next, it will be examined under which international and European legal texts the principle of non-refoulement and the right to seek asylum are protected. In addition, there will be a presentation of cases of pushbacks by other European countries (Italy, Croatia, Serbia, and Slovenia), with references to local and European courts. Moving on to the case of Greece, there will be an examination of Greece as a receiving country, of the EU-Turkey deal with its aftermaths, the current incidents in Evros border with Turkey, and Greece’s decision to construct a fence on the Evros border. Subsequently, the accusations of pushbacks by Greece and the reported violations against migrants and refugees will be discussed and examined. Furthermore, complaints filed at the European Court of Human Rights regarding accusations of pushback will be presented as well as a reference to the reaction of the Greek authorities as regards the accusations will be made. In closing, the accusations of the involvement of Frontex in Greece’s pushbacks will be discussed, leading up to its reaction.