Judgment by the European Court of Human Rights in the case against Germany and Greece
ECCHR and PRO ASYL welcome today’s ruling by the European Court of Human Rights and call on the German government to put an end to the practice of automatic removal at German borders.
“Germany’s attempt to circumvent European law and hastily return people has failed. The ECtHR makes it clear that access to procedures based on the rule of law is imperative to prevent the most serious human rights violations, such as those suffered by the applicant,” said Hanaa Hakiki, Border Justice Team at ECCHR.
In its judgment today, the European Court of Human Rights (ECtHR) makes it clear that automatic removals of those seeking protection at borders is not permissible. The ruling thus clearly refuses to accept such administrative agreements as the “Seehofer Deal” of 2018 and strengthens access to legal protection for asylum seekers at the border. PRO ASYL, Refugee Support Aegean (RSA), and the European Center for Constitutional and Human Rights (ECCHR) supported the complaint by submitting a Third Party Intervention to the court. In decisions from 2019 and 2021, the Munich Administrative Court already established the illegality of automatic removals under the Seehofer deal.
“Today’s ruling on the 2019 complaint is crucial for the debate surrounding automatic removals at Germany’s borders and comes at exactly the right moment. Germany is obliged to uphold human rights standards and guarantee access to asylum procedures based on the rule of law, including at German borders,” said Tareq Alaows, refugee policy spokesperson for PRO ASYL. “All parties must now finally put an end to the debate on automatic removal and the systematic deprivation of rights at Germany’s borders, which is in contempt of human rights,” explains Alaows.
Background to the case
The applicant H.T. from Syria applied for asylum on the Greek island of Leros in June 2018. There, he suffered living conditions similar to those in the “Moria” camp on Lesbos, while also living in fear of deportation to Turkey – and, from there, a “chain deportation” back to Syria. In September 2018, he fled to Germany via Austria. He was apprehended by the German federal police and, despite the fact that he had applied for asylum, was deported to Greece just a few hours later based on the Seehofer deal between Germany and Greece. In the hours between his apprehension and deportation, he had no access to effective legal protection. A Dublin procedure was not carried out.
On Leros, H.T. was detained for almost three months in a cell with a darkened window and without access to an outdoor area. The Greek Council of Refugees helped him secure his release from detention and complete an asylum procedure in Greece.
In March 2019, H.T. submitted an individual complaint to the ECtHR with the support of the Greek Council of Refugees. He claims that his forced return by Germany and his treatment and detention in Greece violate the prohibition against torture and inhuman or degrading treatment (Article 3), as well as the right to effective remedy (Article 13), enshrined in the European Convention on Human Rights (ECHR).
In 2021, H.T. was granted refugee status in Greece. Due to the untenable living conditions for recognized refugees in Greece, H.T. fled to Germany and applied for asylum here. In 2022, he was recognized by the Federal Office for Migration and Refugees as eligible for subsidiary protection.
Source: https://www.ecchr.eu
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