The Council of Europe Commissioner for Human Rights, Michael O'Flaherty, published a memorandum on migration and border control in Greece, following his visit to the country from 3 to 7 February 2025.
The Commissioner notes that Greece has been particularly affected by irregular arrivals, including for the purpose of seeking asylum. He also acknowledges that law enforcement agencies operating at land and maritime borders face a complex and challenging environment. Nevertheless, the Commissioner is concerned about consistent reports of persisting practices of summary returns at both land and maritime borders.
Returning people without carrying out an individual identification procedure prevents member states from establishing whether they may be sending them back to human rights abuses. The Commissioner observes that this may lead to violations of Article 3 ECHR and other rules of international and EU law which are binding on Greece. He recommends adopting a zero-tolerance approach to summary returns and other human rights violations, ensuring that allegations of such practices are promptly, impartially, thoroughly and effectively investigated and that all persons being subjected to border control operations have adequate access to individualised procedures to raise protection needs, as well as to effective remedies.
The Commissioner also expresses concerns about issues affecting accountability for human rights violations at borders. While steps have been taken to foster accountability, problems persist in carrying out effective investigations, as also attested by recent judgments of the European Court of Human Rights. The Commissioner recommends that the Greek authorities undertake a review of existing accountability mechanisms competent for investigating and responding to human rights violations against refugees, asylum seekers and migrants and take action to address the shortcomings affecting their effectiveness and independence. He also calls on the Greek authorities to ensure that national human rights bodies have the capacity to monitor and report about asylum seekers and migrants at borders and that their recommendations are taken into consideration and that the new mechanisms set up under the EU Pact on Asylum and Migration are effective.
As regards the shipwreck of the Adriana, an overcrowded boat carrying an estimated 750 people which sank in international waters off the town of Pylos on 14 June 2023, the Commissioner recommends to the Greek authorities to ensure that the responsibilities for any act or omission that may have contributed to the Pylos shipwreck are established, in line with the standards set out in the case-law of the European Court of Human Rights, including by following-up to the report of the Greek Ombudsman.
Lastly, the Commissioner stresses the importance of creating an environment where civil society, media and human rights defenders protecting the rights of asylum seekers and migrants can carry out their work free and unhindered.
Commissioner's full Memorandum on migration and border control in Greece
Comments of the Greek authorities on the Commissioner's Memorandum
