The European Court of Human Rights (ECtHR) has delivered a landmark ruling in favor of Ayşe Erdoğan, a 34-year-old Turkish asylum seeker who experienced an illegal pushback by Greek authorities in 2019. This decision marks a significant victory for Ayşe and highlights the broader issue of illegal pushback practices along the Greece-Turkey border.
Ayşe Erdoğan’s Ordeal
The Journey to Greece
Ayşe Erdoğan, a mathematics graduate from Turkey, aspired to become a teacher. However, her life took a drastic turn following the failed coup attempt in Turkey in 2016. The Turkish government accused the Gülen movement of orchestrating the coup, leading to widespread arrests and persecution of individuals associated with the group, including Ayşe. In November 2016, Ayşe was detained on accusations of being part of the Gülen movement due to her banking activities, participation in events linked to the movement, and use of the ByLock messaging app. These charges led to her imprisonment until March 2019, after which she was released under judicial control while awaiting trial. Facing the constant threat of re-arrest and further imprisonment, Ayşe and two companions crossed the Evros River into Greece on May 4, 2019, hoping to seek asylum and escape persecution.
Ayşe’s journey was fraught with peril and uncertainty, exemplifying the dire circumstances many asylum seekers face when fleeing dangerous situations in their home countries. Despite her academic aspirations and previous life in Turkey, the intense political climate following the coup attempt forced her to make a desperate bid for safety. The decision to cross into Greece was a risky one, reflecting the level of fear and threat Ayşe felt while under judicial control in Turkey. Her story illustrates the extreme measures individuals are forced to take when their basic human rights are under siege, and their very safety is at risk.
Detention and Pushback
Upon their arrival in Greece, Ayşe sent photos and videos to her twin brother, Ihsan, to confirm her location and safety. However, their hopes were quickly dashed when Greek police detained them, stripped them of their belongings, and violently transported them to the Greece-Turkey border. Despite presenting themselves to a police station in Neo Cheimonio and seeking international protection, Greek authorities denied their existence. Ihsan, who was actively trying to locate his sister, raised alarms with the Greek Council for Refugees (GCR), which led to legal action when the Greek authorities insisted that Ayşe was never at the police station. The denial of their presence and human rights violations committed during their detention were central themes highlighted in the ECtHR case.
The experience Ayşe faced in Greece exposed the grim reality behind illegal pushback practices, where victims are denied their fundamental rights and subjected to violent expulsions. This act of stripping asylum seekers of their identities and erasing their presence is not only a severe breach of human rights but also a tactic to circumvent international obligations. It showcases the extreme measures some authorities go to, hoping to avoid accountability and international scrutiny. The actions of the Greek authorities in this case starkly contrast with their commitments to international conventions and treaties designed to protect asylum seekers and refugees.
The ECtHR Ruling
Recognition of Systematic Pushbacks
The ECtHR’s ruling acknowledged and condemned the systematic practice of pushbacks by Greek authorities, identifying the illegal detention and forceful return of Ayşe and others as a violation of human rights. This decision marks the first time the court officially recognized Greece’s systematic pushbacks in the Evros region. Furthermore, the court’s deliberation revealed Greece’s failures in conducting effective investigations into such incidents, emphasizing that the criminal procedures and legal remedies available in Greece are ineffective for addressing pushback cases.
The landmark ruling by the ECtHR addresses a long-standing issue that has plagued the migration landscape in the European Union. Recognizing the Greek authorities’ systematic pushbacks serves as a significant step in holding accountable those who violate the rights of asylum seekers. The ruling emphasized the necessity of thorough investigations and the availability of effective legal remedies for victims of such practices, shedding light on the deficiencies in the current system. By setting a precedent, this decision paves the way for greater scrutiny and accountability not just in Greece but across other EU member states facing similar accusations.
Implications for Human Rights
Ayşe’s legal battle and the ECtHR’s decision underscore wider human rights concerns, particularly the impunity with which Greek authorities have operated despite numerous reports of pushbacks by human rights organizations and media. GCR’s representation of more than 5,000 asylum seekers—all victims of similar illegal actions—highlights the widespread and persistent nature of these abuses. The ECtHR’s findings indicate a broader trend in which EU member states have struggled to address and ensure compliance with international asylum laws amidst increasing migration pressures. Ayşe’s case, with its definitive ruling and compensation mandate of €20,000, sets a precedent for future pushback-related cases and signifies a step forward in holding authorities accountable for human rights violations.
Recognition of the systemic issues within Greece’s handling of asylum seekers brings into question broader European policies and practices. The ECtHR ruling not only calls for national accountability but also serves as a critique of how the EU might be neglecting its foundational values regarding human rights and protection of individuals fleeing persecution. The €20,000 compensation to Ayşe could symbolize more than just a monetary settlement; it represents a call to action for structural changes and the implementation of more robust, humane, and lawful procedures in handling asylum claims. This decision could also act as encouragement for thousands more victims to come forward and seek justice.
Broader Context of Political Repression
Turkey’s Post-Coup Crackdown
Ayşe’s case also shines a light on Turkey’s ongoing political repression. The crackdown following the 2016 coup attempt resulted in mass arrests and the persecution of a wide array of dissidents, including journalists, academics, and politicians, under the guise of terrorism charges. This environment of fear and repression further compounds the challenges for those like Ayşe, who sought safety and asylum abroad only to face additional injustices. The aftermath of the botched coup saw Turkey imposing a two-year state of emergency, during which the country partially withdrew from the European Convention on Human Rights—a move that was widely condemned by rights groups globally. Ayşe’s experiences epitomize the oppressive climate within Turkey and the desperate measures individuals are forced to take to find safety and freedom.
The political climate in Turkey post-coup attempt has been characterized by severe restrictions, a tightening grip on freedom of expression and association, and widespread purges across various sectors of society. For individuals like Ayşe, who were peripherally linked to the Gülen movement, the consequences have been life-altering, involving imprisonment, loss of employment, and continuous surveillance. The oppressive tactics employed by the Turkish government, intended to stifle opposition and dissent, have only deepened the country’s crisis, pushing more citizens to seek asylum abroad. The international community’s response to Turkey’s actions and the consequences for its citizens becomes a crucial point of discussion in the context of human rights and political freedoms.
Contrasting Cases
The European Court of Human Rights (ECtHR) has made a landmark ruling in favor of Ayşe Erdoğan, a 34-year-old Turkish asylum seeker who faced an illegal pushback by Greek authorities in 2019. This decision not only represents a significant victory for Ayşe but also shines a light on the recurring issue of illegal pushback practices at the Greece-Turkey border.
In 2019, Ayşe Erdoğan attempted to seek asylum in Greece, fleeing persecution and seeking safety. However, instead of processing her asylum request, Greek authorities forcibly pushed her back across the border into Turkey, violating her rights under international law. This act, commonly referred to as a “pushback,” prevents asylum seekers from entering a country to seek protection, often leaving them in vulnerable and dangerous situations.
The ECtHR’s ruling in Ayşe’s case underscores the importance of upholding human rights and ensuring that asylum seekers receive fair treatment and the opportunity to seek refuge without fear of being unlawfully returned. The court’s decision sends a clear message to Greek authorities and other nations that such pushback practices are unacceptable and in violation of established human rights principles.
This case highlights the broader issue of illegal pushback practices along the Greece-Turkey border, where many asylum seekers have faced similar fates. The ECtHR’s ruling is a step towards holding authorities accountable and ensuring that the rights of asylum seekers are protected, regardless of the challenges and political pressures involved.
