„A cruÂcial day for refuÂgee proÂtecÂtion in Europe“
Athens/Chios/Frankfurt: Today the higÂhest Greek Court will hold a heaÂring to examiÂne wheÂther TurÂkey is a „safe first counÂtry of asylÂum“, as preÂsuÂmed by the EU-TurÂkey Deal. It will hear the case of two SyriÂans whoÂse asylÂum appliÂcaÂtiÂons had been deeÂmed inadÂmisÂsiÂble on first and second insÂtance examiÂnaÂtiÂon and who theÂrÂeÂfoÂre are at risk of being deporÂted to TurÂkey. Their cases were never examiÂned on the merits. This is the second heaÂring at the CounÂcil of StaÂte to be hold about this case. PreÂviousÂly the 4th ChamÂber of the CounÂcil of StaÂte deciÂded after a public heaÂring on 29. NovemÂber 2016 to refer the case to the pleÂnaÂry given the importance of the issues raised.
The legal team of RefuÂgee SupÂport AegeÂan (RSA)[1] represÂents one of the two SyriÂans. RSA’s stance is that TurÂkey is not a safe third counÂtry and that the so calÂled „IndeÂpenÂdent Appeals ComÂmitÂtees“ who deeÂmed the two appliÂcants as inadÂmisÂsiÂble are in fact unconstitutional.
Until today no refuÂgee from Syria has been deporÂted to TurÂkey on the basis that TurÂkey is a safe third counÂtry. Returns to TurÂkey were preÂvenÂted by the efforts of RSA legal team and other orgaÂniÂsaÂtiÂons in Greece. „SinÂce the comÂmenceÂment of the cyniÂcal deal with ErdoÂgan the RSA team is working pasÂsioÂnaÂteÂly to supÂport proÂtecÂtion seeÂkers in exerÂcisÂing their rights in spiÂte of an unfair and unlawful proÂceÂduÂre,“ says Karl Kopp, PRO ASYL DirecÂtor of EuroÂpean Affairs.
The forÂmer Appeal ComÂmitÂtees have playÂed an important role in preÂvenÂting the return of SyriÂan refuÂgees by overÂturÂning first insÂtance decisÂiÂons, deeming asylÂum appliÂcaÂtiÂons inadÂmisÂsiÂble. In all but three cases, the forÂmer Appeal ComÂmitÂtees conÂcluded that TurÂkey is not safe, sinÂce the counÂtry is not in line with interÂnaÂtioÂnal standards.
On June 2016 the Greek governÂment replaÂced the comÂpeÂtent Appeal ComÂmitÂtees with the new so calÂled “IndeÂpenÂdent Appeals ComÂmitÂtees”. This replaÂceÂment was denounÂced by memÂbers of the invaÂliÂdaÂted ComÂmitÂtees as well as repreÂsenÂtaÂtiÂves of civil socieÂty in Greece as a poliÂtiÂcal interÂvenÂtiÂon against the indeÂpenÂdence and objecÂtiÂviÂty of asylÂum procedures.
The decisÂiÂon of the CounÂcil of StaÂte regarÂding the conÂstiÂtuÂtioÂnaÂliÂty of the new ComÂmitÂtees and conÂseÂquentÂly wheÂther their decisÂiÂons to allow deporÂtaÂtiÂon to TurÂkey will hold or not, is cruÂcial for the proÂtecÂtion of refuÂgees in EuroÂpe and the future of the dirÂty EU-TurÂkey Deal.