Latvia : Refugees and migrants arbitrarily detained, tortured and forced to ‘voluntarily’ return to their countries

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  • #Latvia: Refugees and migrants arbitrarily detained, tortured and forced to ‘voluntarily’ return to their countries

    Latvian authorities have violently pushed back refugees and migrants at the country’s borders with Belarus, subjecting many to grave human rights violations, including secret detention and even torture, according to new findings published in a report by Amnesty International.

    Latvia: Return home or never leave the woods reveals the brutal treatment of migrants and refugees – including children – who have been held arbitrarily in undisclosed sites in the Latvian forest, and unlawfully and violently returned to Belarus. Many faced beatings and electric shocks with tasers, including on their genitals. Some were unlawfully forced to return ‘voluntarily’ to their home countries.

    “Latvia has given refugees and migrants a cruel ultimatum: accept to return ‘voluntarily’ to their country, or remain stranded at the border facing detention, unlawful returns and torture. In some cases, their arbitrary detention at the border may amount to enforced disappearance,” said Eve Geddie, Director of Amnesty International’s European Institutions Office.

    “The Latvian authorities have left men, women and children to fend for themselves in freezing temperatures, often stranded in forests or held in tents. They have violently pushed them back to Belarus, where they have no chance of seeking protection. These actions have nothing to do with border protection and are brazen violations of international and EU law.”

    On 10 August 2021, Latvia introduced a state of emergency following an increase in numbers of people encouraged to come to the border by Belarus. In contrast with EU and international law and the principle of non-refoulement, the emergency rules suspended the right to seek asylum in four border areas and allowed Latvian authorities to forcibly and summarily return people to Belarus.

    Latvian authorities have repeatedly extended the state of emergency, currently until November 2022, despite the decrease of movements over time, and their own admission that the number of attempted entries were the result of multiple crossings by the same people.

    Dozens of refugees and migrants have been arbitrarily held in tents at the border in unsanitary conditions, A small percentage of people were allowed into Latvia, the vast majority of whom were placed in detention centres and offered limited or no access to asylum processes, legal assistance or independent oversight.

    Amnesty’s report on Latvia follows and supplements similar reports focussing on abuses against refugees and migrants by Belarus, Poland and Lithuania.
    Violent pushbacks, arbitrary detention and possible enforced disappearances

    Under the state of emergency, Latvian border guards, in cooperation with unidentified “commandos”, the army and the police, repeatedly subjected people to summary, unlawful and violent forced returns. In response, Belarusian authorities would then systematically push people back to Latvia.

    Zaki, a man from Iraq who was stranded at the border for around three months, told Amnesty International that he had been pushed back more than 150 times, sometimes eight times in a single day.

    Hassan, another man from Iraq who spent five months at the border, said: “They forced us to be completely naked, sometimes they beat us when naked and then they forced us to cross back to Belarus, sometimes having to cross a river which was very cold. They said they would shoot us if we didn’t cross.”

    In between pushbacks, people were forced to spend prolonged periods stranded at the border or in tents set up by the authorities in isolated areas of the forest. Latvian authorities have so far denied using tents for anything other than providing “humanitarian assistance”, but Amnesty International’s findings show that tents were heavily guarded sites used to arbitrarily hold refugees and migrants and as outposts for illegal returns.

    Those not held in tents sometimes ended up stranded in the open at the border, as winter temperatures at times fell to -20C. Adil, a man from Iraq, who spent several months in the forest since August 2021, told Amnesty International: “We used to sleep in the forest on the snow. We used to light fire to get warm, there were wolves, bears.”

    At the border and in the tents, authorities confiscated people’s mobile phones to prevent any communication with the outside world. Some families searched for people who were last known to be in Latvia but could not be reached by phone. A Latvian NGO reported that between August and November 2021, they were contacted by the relatives of more than 30 refugees and migrants feared to have gone missing.

    Holding migrants and refugees in tents in undisclosed locations or leaving them stranded at the border without access to communication or safe alternatives to being continuously shuttled back and forth between Latvia and Belarus constitutes ‘secret detention’ and could amount to enforced disappearance.
    Forced returns, abuse and torture

    With no effective access to asylum under the state of emergency, Latvian officers coerced some people held at the border into agreeing to return ‘voluntarily’ to their countries of origin as the only way to be taken out of the forest.

    Others were coerced or misled into accepting voluntary returns in detention centres or police stations.

    Hassan, from Iraq, told Amnesty International that he tried to explain that his life would be in danger if he was returned: “The commando responded: ‘You can die here too’”.

    Another Iraqi, Omar, described how an officer hit him from behind and forced him to sign a return paper: “He held my hand and said you should do the signature, and then with force, he made me do the signature.”

    In some cases, the IOM representative for Latvia ignored evidence that people transferred as part of “voluntary” return procedures had not provided their genuine consent to returning.

    “Latvia, Lithuania and Poland, continue to commit grave abuses, under the pretext of being under a ‘hybrid attack’ from Belarus. As winter approaches and movements at the border have resumed, the state of emergency continues to allow Latvian authorities to unlawfully return people to Belarus. Many more could be exposed to violence, arbitrary detention and other abuses, with limited or no independent oversight,” said Eve Geddie.

    “Latvia’s shameful treatment of people arriving at its borders presents a vital test for European institutions, which must take urgent measures to ensure that Latvia ends the state of emergency and restores the right to asylum across the country for everyone seeking safety, irrespective of their origin or how they crossed the border.”
    Background

    As pushbacks at the Belarus border with Latvia, Lithuania and Poland re-intensify, the EU Council is prioritizing the adoption of a Regulation on the “instrumentalization” of migrants and asylum seekers. This would allow member states facing situations of “instrumentalization” – as experienced by Latvia – to derogate from their obligations under EU asylum and migration law. The proposal disproportionately impacts the rights of refugees and migrants and risks undermining the uniform application of EU asylum law.

    In June, the Court of Justice of the EU ruled that the Lithuanian law on asylum and migration, which limited people’s ability to make asylum applications under the state of emergency and provided for the automatic detention of asylum seekers, was incompatible with EU law.

    The Court’s analysis and conclusions should apply directly to the situation in Latvia, where, since August 2021, the state of emergency effectively prevents most people entering or attempting to enter “irregularly” from Belarus from accessing asylum.

    https://www.amnesty.org/en/latest/news/2022/10/latvia-refugees-and-migrants-arbitrarily-detained-tortured-and-forced-to-vo

    #Lettonie #réfugiés #asile #migrations #détention #détention_arbitraire #torture #retour_volontaire (sic) #renvois_forcés #pays_baltes #rapport #Amnesty #Amnesty_international #Biélorussie #forêt #push-backs #refoulements #état_d'urgence #police #gardes-frontière #armée #militarisation_des_frontières #violence #abandon #limbe #encampement #commando #milices

    ping @isskein @reka

    • Asylum seekers who claimed torture and abuse in Latvia are using the courts to fight back

      Some of the people looking to take the Latvian state to court have alleged ill-treatment including beatings, electric shocks and cigarette burns.

      Earlier this year, Sidya Sompare, 20, a Guinean man who had attempted to claim asylum in Latvia, tried to end his life in a Latvian detention centre by drinking shampoo in his toilet stall.

      Having fled Guinea in the wake of threats against his safety due to his participation in anti-government protests, Sompare arrived in Belarus in September 2021 on a quest to find a secure life in Europe, before spending six months in the forested border zone between the country and Latvia.

      There, in addition to being pushed back and forth across the border by authorities in both countries, he alleges he was severely beaten, verbally abused, and given barely any food for days on end by Latvian border guards. Sompare then spent eight months in the closed detention center after he lost his passport in the woods and his asylum efforts were denied.

      When Sompare was found on the floor of his toilet stall after his suicide attempt, detention center authorities promptly took him to a hospital.

      “I’m not sick, I’m alright,” he recalled saying to a doctor during an interview with Euronews. “Just I need to be free.”

      He was finally released from detention in April with the help of Doctors Without Borders, an NGO, and a local Latvian human rights group. But Sompare didn’t stop there — having previously filed two unsuccessful complaints against the Latvian state last year for his detention and the dehumanizing treatment he experienced in the forest along the border, he has taken his fight to the European Court of Human Rights (ECHR), where his case was formally registered on July 5.

      Beatings and electric shocks

      Sompare is not alone in turning to legal pathways to seek justice for ill-treatment by Latvian border authorities during the migrant crisis along the Belarusian border.

      As allegations of torture and ill-treatment by Latvian authorities have continued to emerge since last year, an increasing number of migrants and refugees who say they have experienced life-altering trauma at the hands of Latvian security forces have been mounting court challenges against them over the last few months, aiming to hold their former tormentors and the Latvian state accountable.

      These cases, which are mostly taking place at the national level with the exception of Sompare’s, represent some of the first legal efforts in Latvia since the start of the border crisis in 2021 that are specifically focused on the harrowing abuse that border authorities have allegedly inflicted on people crossing the border.

      “All the Latvian institutions, even the ombudsperson of Latvia, they deny that Latvia did anything illegal with those migrants,” said Nikita Matyushchenkov, a human rights lawyer at Respect, Protect, Fulfill (RPF), the legal organisation that helped Sompare file his ECHR case. “So these will be very important judgements.”

      In addition to challenging ongoing deportation procedures against him, Sompare’s ECHR case is focused on the ill-treatment he received in Latvian custody in the forests of the border area, which he and RPF claim was illegal. RPF has also filed three cases at the national level in Latvia, two in March and one in June of this year, on behalf of individuals who claim they were abused by Latvian border authorities between August 2021 and March 2022.

      But these may not be the only cases that will be brought to bear against the Latvian state — Matyushchenkov said that RPF has identified up to 100 people who were abused in one way or another by Latvian border guards while in the forest in the border area.

      Some of Matyushchenkov’s clients have told him that they were beaten with electric shock devices — claims that are consistent with findings documented in 2022 in an Amnesty International report on Latvia’s border. In another report published this month, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment stated that it had received several claims of “severe ill-treatment” from people who were detained after crossing into Latvia, again recounting beatings and electric shocks to areas of the body “including the genitals.”

      ’I got sick physically and mentally’

      The ongoing migrant border crisis has, according to European states, been manufactured by Belarusian leader Alexander Lukashenko, whose government has incentivised people from the Middle East, Africa, and South Asia to journey to Belarus before forcing them to cross the borders of Poland, Lithuania, and Latvia illegally as a means of putting pressure on the European Union.

      After establishing a state of emergency along its border in August 2021, Latvia adopted new amendments to its border laws in June of this year that have been denounced by Amnesty International, the Council of Europe Commissioner for Human Rights, and the UNHCR as legalising internationally-condemned pushbacks. Crucially, these amendments have also enshrined into law the State Border Guard’s broadly defined use of force to prevent illegal entry into Latvia.

      Although Poland and Lithuania have both faced accusations of ill-treatment of migrants as well, Matyushchenkov said that Latvia has been much more extreme in its abuse of people crossing its border.

      In one particularly gruesome case that has previously been reported in international media, Abdulrahman Kiwan, a humanitarian worker who fled Syria following pressure from the government of Bashar al-Assad, has alleged that he not only received electric shocks from Latvian guards, but that they extinguished cigarettes in the places where he had previously been injured.

      Now, Kiwan said he is in touch with a Latvian human rights group about filing his own complaint against the Latvian state — and if it fails, he is also ready to escalate his efforts to the ECHR with the help of legal NGOs.

      “I got sick physically and mentally because of them,” Kiwan, 28, who is now based in Germany, said of the Latvian border authorities. “I want my voice to reach the world and other migrants, that the Latvian Border Guards are liars and are extremely racist.”

      A Latvian human rights group is currently working on preparing a complaint for another refugee based in Germany, Hadi, 26, from Yemen, who told Euronews that Latvian guards beat him, violently struck him in the head, and shocked him with an electric baton. In addition to seeking compensation for crimes committed against him, Hadi, who requested to use an alias due to his ongoing asylum case in Germany, also wants his experience to be a cautionary tale.

      “Legally, I want this complaint [to ensure] that no human being will be harmed after me,” he told Euronews.

      ’The government is scared of me’

      Although Matyushchenkov said the chances of success for migrant cases like these at the ECHR may be significant, the same cannot be said for complaints within the Latvian system.

      “From the way it was investigated at the national level, it seems like the authorities are not willing to investigate such complaints properly,” he said, referencing Sompare’s initial complaint procedure. “In the response to his complaint, they identified a person who allegedly beat the complainant, and they interviewed that person. That security official said he didn’t beat this person, and this was basically the end of the investigation.”

      The Latvian government, including the Latvian State Border Guard, have previously denied any claims of abuse and torture from migrants. As of the writing of this article however, the Latvian State Border Guard, together with the country’s Internal Security Bureau and Prosecution Office which handle legal complaints from people crossing the border, were unavailable for comment.

      Sompare, who is currently living in Latvia’s capital Riga, has no plans to leave Latvia anytime soon. As he fights his still ongoing deportation procedure and the traumatic abuse he suffered in the country, he can feel he is already making an impact.

      “Something is going to change in Latvia,” he said. “Right now for sure the government is scared of me.”

      Despite being severely disappointed in Europe’s capacity to help desperate people like himself, Sompare said he wants to continue his university studies after he wins his case, and hopes to find work at a human rights organization for refugees in Latvia. Until then however, he understands that he is fighting an uphill battle not only to save himself, but also many other asylum seekers who are in the same situation.

      “I want to be an example for the people [to whom] the Latvian government did something illegal,” Sompare said. “The things that I started, I will finish them in Latvia.

      https://www.euronews.com/my-europe/2023/08/01/asylum-seekers-who-claimed-torture-and-abuse-in-latvia-are-using-the-court

      #justice #CEDH #cour_européenne_des_droits_de_l'homme