15/08/2022
Greek Government insists that the islet where 39 refugees and the dead body of a 5years old child does not belong to the Greek territory and therefore is not liable for their protection. Yet, even so, this is not valid and it is contrary to the international obligations of the country.
From the moment once someone appears at the border of a country, submitting himself to the sovereignty of this country, then the international obligation of this country arises to allow his entrance, when he claims a risk of persecution to his country of origin or transit. This is so, since the fundamental principle of non refoulement applies, provided by art. 31 and 33 of Geneva Convention for the Status of Refugees, as well as other International Conventions that Greece* is bound and do not allow refusal of entry at the borders**.
As by consolidated jurisprudence the European Court of Human Rights has judged, the principle of non refoulement applies and binds states not only when they exert their sovereignty in their territory, as well as at their borders, but also extraterritorially, where they state authorities act, or where they exercise effective control***.
The certain group of refugees, for those 2 interim decisions of the European Court of Human Rights have been issued, indicating to Greece to provide humanitarian assistance and not move them to Turkey, has been found at the same islet where they currently are, initially from Greek authorities on 14/7, so as to be refouled to Turkey and moved back from the Turkish authorities on 7/8.
Greece has access to the certain islet, irrelevant if it is Greek soil or not, and has an obligation to provide assistance, since human lives are at risk. It has also the obligation to accept and examine asylum claims, since, against many of them deportation orders have been issued to be returned to Syria, relevant copies of which have been submitted to the European Court of Human Rights.
When life is at risk, to claim that the area right next to your door does not belong to you and you claim that you don’t care for what is happening there, is just a pretext in order to evade your liability. The fact that Turkey also has liability for their condition is something obvious, yet it does not waive the liability of Greece to protect human life.
Save the people now.
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*Art 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ratified by law 1782/1988, art. 7 of the International Covenant of Civil and Political Rights ratified by law 2462/1997, and art. 7 of the European Convention for Human Rights ratified by law 53/1974.
** Guy Godwin – Gill – Jane Mc Adam The refugee in the International Law 3rd edition, p. 208.
*** ECHR Hirsi and Jamaa v. Italy, no. 27765/09, of 23/02/2012
