organization:strasbourg court

Greece: Strasbourg Court halts return of rejected asylum seeker to Turkey

Last week the European Court of Human Rights (ECtHR) granted interim measures under Rule 39 of the Rules of the Court to prevent the return of a rejected asylum seeker to Turkey under the EU-Turkey deal.

The applicant, a national of Pakistan and member of the Ahmadi minority, has had his asylum application rejected as unfounded at both first and second instance and is currently on the island of Lesvos. An application for interim measures has been filed before the Administrative Court of Mytilene against his readmission to Turkey, although such measures have no suspensive effect under national law. The ECtHR requested the Greek authorities to suspend the return of the individual to Turkey until the Administrative Court of Mytilene issues its decision. The Strasbourg Court also ordered the case to be prioritised.

Since the adoption of the EU-Turkey deal on 18 March 2016, more than 1,200 people have been returned from Greece to Turkey. The majority of those returned are nationals of Pakistan.

▻https://www.ecre.org/greece-strasbourg-court-halts-return-of-rejected-asylum-seeker-to-turkey
#asile #migrations #réfugiés #Turquie #accord_UE-Turquie #Grèce #renvoi #expulsion #CourEDH #Cour_européenne_des_droits_de_l'homme #CEDH #jurisprudence #suspension

Migrant Ill -Treatment in Greek Law Enforcement – Are the Strasbourg Court Judgments the Tip of the Iceberg?

The present paper aims to provide an analysis of the first major judgments of the Strasbourg Court which usefully shed light on the underlying, long-standing systemic failures of the Greek rule of law. The author argues that these judgments are in fact only the tip of the iceberg. For this the paper looks into the process of supervision of these judgments’ execution by Greece, which is pending before the Council of Europe Committee of Ministers, as well as into alarming reports issued notably by CPT as well as by the Greek Ombudsman. The paper also highlights the question of racial violence that has not been so far the subject of analysis in the Court’s judgments concerning ill-treatment in Greece. However, a number of reports, especially the annual reports of the Greek Racist Violence Recording Network since 2012, record numerous cases of racist violence by law enforcement officials targeting migrants and the ineffective responses by the administrative and judicial authorities. The paper’s concluding observations provide certain recommendations in order to enhance Greek law and practice and eradicate impunity.

▻https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2921109
#CEDH #Grèce #asile #migrations #réfugiés #violence #racisme #xénophobie #droit_d'asile

Arbitrary detention of asylum seekers: a comparison of some recent practice from Italy and the #UK | #Daniel_Wilsher and #Francesca_Cancellaro

The detention of asylum seekers is always particularly controversial. The Saadi v UK decision of the Strasbourg Court was much criticised for condoning administrative detention of asylum seekers. It did, however, impose apparently strict legal constraints on such detention. Nevertheless, in that time, executive practice in Europe has evolved in ways that arguably further undermine these constraints. This seminar considers practices in the UK under the detained fast-track system and in Italy on the island of Lampedusa to assess the current state of detention and its compliance with the rule of law.

►http://www.rsc.ox.ac.uk/news/arbitrary-detention-of-asylum-seekers-a-comparison-of-some-recent-practice

#détention #détention_administrative #réfugiés #asile #migration #Italie #Angleterre