Defend human rights and the rule of law at Europe’s borders!


Push-backs, violence and inhumane treatment in violation of international law have become a permanent reality at Europe’s borders. They put people seeking protection in danger of their lives, as the deaths at the Polish-Belarusian border have also shown. Refugees are dehumanized by being called a “political weapon” or “a form of hybrid threat” by leading politicians.


We, the undersigned organizations, have been supporting people affected by this border violence for years. We note that the Geneva Refugee Convention and the European Convention on Human Rights are systematically violated at Europe’s borders. EU member states disregard the principle of non-refoulement, a unique humanitarian and legal achievement that guarantees basic individual rights to those seeking protection.


This is not only an attack on the right to asylum and human rights. If lawless zones are accepted, if the rule of law is undermined, then this development also threatens democracy in Europe.


On October 6, a journalistic research collective published further evidence of violent push-backs at the EU’s external borders in Greece and Croatia. Videos and photos show the brutality of special police units.


Push-backs and the violence against those seeking protection are an expression of a policy of deterrence instead of protection – at all costs. The EU and its member states are involved in this form
of illegal border protection financially, logistically and often by deploying forces under the mandate of the European Border and Coast Guard Agency Frontex.

The German government supports the Croatian border police with technical and logistical equipment, Poland has been offered similar support. German forces are part of the Frontex operation in Greece.

Berlin: For a fresh start in European refugee policy!

The three coalition parties, which negotiate in working groups since October 27, have made it clear in their exploratory paper: “We are committed to the humanitarian responsibility arising from the German constitution, the Geneva Refugee Convention and the European Convention on Human Rights. From this, we derive the task of making efforts with our European partners to end the deaths on the Mediterranean as well as the suffering at Europe’s external borders.”


We welcome this declaration of intent. To translate it into political action, it needs to be specified in the coalition agreement. Only the consistent enforcement of international law at Europe’s borders, safe and regular pathways, a European sea rescue system and the solidary reception of protection seekers
within the EU can end the suffering and death at Europe’s borders

We demand from the future federal government:


●Defend the right to asylum in Europe: access to the asylum procedure, access to the legal system and humane accommodation. No to a Europe of detention, refugee camps and border procedures!


●Defend human dignity, the rule of law and human rights – the very values on which the European Union (EU- Treaty Article 2) is based.


●The initiation of infringement procedures against Poland, Croatia and Greece by the European Commission. We also call on the EU to include human rights violations by Member States in the field of asylum and migration when initiating rule of law procedures in case of serious violations of the values mentioned in Article 2 EU-Treaty.


●The establishment of an independent, transparent and effective human rights monitoring mechanism that allows for unannounced visits to borders and the prosecution of perpetrators. Human rights monitors must have a mandate to secure evidence. The aim must be that this well-funded and well-staffed institution prevents human rights violations in the future.


●The end of any support for the border regime in Poland, Croatia, Greece and other states that violate international law at their borders.


●Firm reactions to human rights violations in Frontex operations: Suspension of funding and deployment of EU border guards in countries that violate international human rights
standards.


●A civilian EU sea rescue program to prevent deaths in the Mediterranean. Boat refugees must be granted humane reception and access to a fair asylum procedure after landing in a safe
European port. Safe and regular pathways to Europe must be created.


●The cooperation with the “Libyan Coast Guard” and the associated ongoing breach of international law in the Mediterranean must be stopped immediately.

Signatories:

European Democratic Lawyers (AED-EDL)

European Center for Constitutional Rights (ECCHR)

Center for Peace Studies

Pro Asyl

Refugee Support Aegean

What’s after Moria?

The end of EU refugee policy in compliance with human rights

RAV and AED-EDL zoom press conference with European lawyers and Moria refugees, September 17, 2020, 10.00am

To register and for details: gs@rav.de or: 030.417 235 55
Background information: https://www.rav.de/themen/migration-asyl/

Moria represents the fact the decisive achievement of European civilization – that states subject themselves to rights and duties – is at stake. Lawyers from three European countries explain their experiences, a Moria refugee concretely reports on the consequences of failures of national and EU-law; Karl Kopp from pro asyl will place this in the context of the European asylum reform of recent years.

RAV and AED-EDL invite you to a zoom press conference in German and English language focusing on the current situation in Moria and EU preparations for a ›Moria 2.0‹.

  • Raed Alabd, Afghan refugee from Moria, will report on his current survival struggle.
  • Greek lawyer Elli Kriona represents many refugees from Moria legally. She explains the Greek and EU legal background and clarifies the causes of the failure of European asylum policy on the background of the EU-Turkey deal. Due to her practice she has precise information on the situations of the refugees in Moria.
  • Italian lawyer Lucia Gennari, who accompanied refugees on ships to enable them to safe entries into EU harbors; she also represents many refugees from the Italian hot spots. Lucia Gennari also explains the Italian experiences with the failure of the European asylum system, especially with the hot-spot (non)-system.
  • German lawyer Berenice Böhlo, legally representing many refugees arriving from Greece to Germany, comments on the misguided German discussion on indisputable human rights-based requirements, binding legal and procedural guarantees within the European asylum system. Demands of the European lawyer associations will be presented.
  • For years, Karl Kopp of pro asyl deals with the survival of refugees in Europe and explains why – from a civil society perspective – only a fundamental reform of the European asylum system can guarantee for a humane procedural legal process.

 

Download invitation

 

Here is the video of the conference. Co-president of the AED-EDL Berenice Boehlo talks at around 50:00 min.

Freedom for Hamza Haddi and Mohamed Haddar

The European Union must stop the arbitrary incarceration of refugees and migrants

We express our solidarity with Hamza Haddi and Mohamed Haddar who are currently being held in pre-trial detention in Komotini, Greece. Both are facing long prison sentences because they are being wrongfully and arbitrarily accused of “smuggling”.

Hamza Haddi and Mohamed Haddar are Moroccan citizens who fled their country searching for protection and better living conditions, Hamza Haddi in particular is a known political activist who was hoping to be granted political asylum in Europe. In Morocco, he is facing political persecution for his activities during the Arab Spring as well as for his engagement with the Moroccan Human Rights Association L’Association Marocaine Des Droits Humains AMDH. He has been imprisoned three times and, together with his family, been constantly targeted and intimidated by Moroccan authorities. Hamza is a political refugee.

With Europe’s ever-increasing closure of borders and the impossibility for refugees to legally enter Europe and claim asylum, they were forced to embark and risk their lives on a makeshift boat. Hamza, who had fled from Morocco together with his brother Yassine went on to meet two companions on the way; Reda and Mohamed in Turkey. There, they spent only a few days before attempting to cross the Evros river that marks the border between Turkey and Greece in July 2019.

In Greece, the four arrived, only to be immediately arrested by Greek border police. But not enough. Hamza Haddi and Mohamed Haddar are now accused of and are facing trial for the “smuggling” of two persons – one of them being Hamza’s own brother Yassine!

The accusations against Hamza and Mohamed are clearly unfounded. They are refugees, not smugglers.

Their companion Reda was coerced into signing a testimony that is now being used to wrongly accuse Hamza and Mohamed as being the smugglers. Reda can neither speak nor read Greek and later confirmed that the written document does not match his statement.

Consequently since July 2019, Hamza and Mohamed have been held in pre-trial detention in Greece and are facing more than ten years of imprisonment each. The basis of their trail is placed upon a testimony signed under pressure and without an interpreter.

We are calling for their immediate release!

The case of Hamza and Mohamed is unfortunately not an isolated case but paradigmatic for yet another facet of Europe’s policy of closing borders and deterrence. While European supporters or so-called “human rights defenders” such as Carola Rackete or the iuventa10 have recently received a lot of attention and support after having become the target of increasing criminalisation, there is hardly any information nor support for those without a European passport facing the very same accusations. However, it is them who constitute the majority of those being arrested and imprisoned in Italy and Greece on grounds of alleged “smuggling” and “aiding illegal immigration”. Arrested immediately upon arrival, a lot of them disappear unknown and unheard of and with no access to support from outside.

The basis for this is Greek legislation that considers any person found to have driven a vehicle across Greek borders, entering Greece without required documentation, as a smuggler.

The arrests as well as trials that follow these often-unfounded accusations of smuggling are arbitrary. Police officers might accuse the person holding the tiller to steer the boat, or the one who communicated with the coast guard to call for help or simply someone who speaks English, to be a smuggler. In Greece, the average trial lasts only around 30 minutes, leading to an average sentence of 44 years and fines over 370.000 Euro. Suspects, or what we would deem ‘victims’ of this unjust legislation, usually have limited access to legal assistance, most of them relying on public defenders. Observers voice concerns about a “shocking lack of deep processing”, reporting that judgements are pronounced despite lack of evidence and poor quality of translation.

This statement is to express our solidarity with Hamza Haddi and Mohamed Haddar and all those criminalized and deprived of their basic rights in the European Union’s proclaimed fight against “smugglers”. We call on everyone to condemn the arbitrary application of anti-smuggling laws against people on the move, who are often already in fear of their lives. We denounce the exploitation of the vulnerable situation of asylum seekers by the EU member states, leaving them without the means to properly defend themselves.

Together with the Hamza Haddi and Mohamed Haddar support committee we demand:

• The immediate release of Hamza Haddi and Mohamed Haddar.
• All charges against them to be dropped, and their innocence to be recognized.
• Hamza’s asylum application to be accepted and his asylum granted.
• Regularisation of the situation of Hamza and Mohamed, and freedom of movement for all.

We further demand:

    • Freedom for all those that are suffering the same fate, being imprisoned in Greek and Italian prisons because they were looking for a better life.
• A change in the Greek and Italian law in order to remove the legal grounds for these arbitrary arrests and convictions.

    –>  Attend the trial of Hamza and Mohamed on February 4th 2020 in Komotini, Greece!
–>  Donate for their legal defence: https://www.lepotsolidaire.fr/pot/94duqw1k

Download press statement:

ENGLISH

FRENCH

GREEK

ARABIC

RIGHTS AT THE BORDERS

RIGHTS AT THE BORDERS

INDEPENDENT LAWYERS’ ACCOUNT OF THE INTERNAL AND EXTERNAL EU BORDERS

Saturday 8 June Colloquium AED Athens

Venue: Athens Bar Association, Akadimias str. 60, Athens

Language: English ***professional consecutive interpretation provided only for the Turkish speakers for Turkish – English and vice versa)

 

PROGRAMME

11:00 Welcome

Introduction: Robert Sabata Gripekoven (European Democratic Lawyers AED) and Harry Ladis (Lawyers’ union for the Defense of Human Rights LUDHR)

 

 

11:30 – 13:15   1. FIRST SESSION: External borders of the European Union

Moderator: Yianna Kourtovik, (LUDHR)

Turkey: N. D.  (Progressive Lawyers Association ÇHD)

Greece: Yiota Masouridou. (LUDHR)

Italy: Laura Martinelli, Legal Team Italia (Legal Team Italia LTI)

Spain: Adria Font (ACDDH- Catalonia) and Natanael Tejerina Ortega, (Free  Association of Lawyers ALA- Madrid)

13:15- 14:00         LUNCH

14:00 – 14:50     2. SECOND SESSION: Internal borders of the European Union

Moderator: Carsten Gericke (Republican Lawyers Association RAV)

Italy – France: Laura Martinelli, (LTI)

France – Italy/Spain: Flor Tercero, (French Lawyers’ Union SAF)

Germany: Berenice Böhlo (RAV)

The Netherlands: Andrea Pool (Dutch Social Lawyers’ Union- VSAN)

15:00 – 15: 10     3. THIRD SESSION: Non state actors/ EU Agencies: Frontex and Easo

Moderator Berenice Böhlo (RAV)

Yiota Masouridou, (LUDHR)

Carsten Gericke (RAV) Legal struggles against EU Agencies

15:10 – 16:00          4. Discussion and Final Declaration

Download the programme here