Several Syrian refugees have failed in a lawsuit against the EU border protection agency Frontex before the European court. They had demanded compensation for an illegal pushback.
A Syrian refugee family has failed in a lawsuit against the EU border protection agency Frontex in the European Court of Justice (EuG). The judges of the General Court of the European Union in Luxembourg considered that the plaintiffs had failed to prove that their damage was directly caused by Frontex.
Frontex only provides technical and operational support to the EU states during repatriation operations, the court said. And: The EU member states and not Frontex are responsible for deciding whether asylum is granted and whether someone is sent back. In the present case, the Syrian refugees should have sued Greece.
The family’s lawsuit is the first of its kind. The verdict can still be appealed before the EU’s highest court, the European Court of Justice (ECJ).
Family came to Greece in 2016
The family of six fled to Greece in 2016 to escape the civil war in Syria. According to the EU court, she had submitted an application for international protection on a form in a collection center on the island of Leros. According to their own statement, the six refugees were picked up a few days later.
The Greek police informed them that the family would be taken to Athens. In fact, the family of six was flown to Turkey in a so-called joint return operation by Greece and Frontex. 42 officials from Fontex are said to have been on board the plane.
Family sued for 136,000 euros in damages
The family consequently sued for an illegal pushback and demanded damages of 136,000 euros for the consequences of the pushback, the cost of living after being forced to return to Turkey and Iraq and for the mental stress caused by the repatriation.
The family, who now live in Iraq, also complained that Frontex had acted illegally. The family believes that her application for asylum should have been examined before she was taken out of the EU. In addition, Frontex violated the prohibition of degrading treatment and disregarded the right to effective legal protection and the rights of children.
Reports of illegal pushbacks for years
Non-governmental organizations have repeatedly accused Frontex of not adequately protecting the rights of refugees. For years there have been reports that some EU member states are illegally sending back refugees at the EU’s external borders – particularly from Greece.
In May this year, the New York Times published video footage that heavily incriminated the Greek government. On it you can see: A ship of the Greek Coast Guard, which exposes people in a small boat at sea. It is believed to be the first video evidence of illegal pushbacks on the Greek coast.
The Greek government denies such illegal return operations. The European border protection agency Frontex also denies being involved in such pushbacks. Rejections at sea are difficult to prove.
With information from Max Bauer, ARD legal department