BARCELONA, Spain (AP) — The European Union’s highest court has taken a significant step in a landmark case involving Syrian refugee Alaa Hamoudi, ruling in favor of his appeal against the European border and coast guard agency, Frontex. This decision by the Court of Justice of the European Union could pave the way for other migrants to seek damages.
The case has been sent back to the General Court for further examination, as the initial review was found lacking in its assessment of Hamoudi’s alleged expulsion along with 21 others from Greece to Turkey in 2020.
Judge Ben Smulders stated in a video released Thursday that Hamoudi’s evidence was “sufficiently detailed, specific and consistent.” Hamoudi’s legal team, led by Iftach Cohen and Francesco Gatta, hailed the decision as “historic,” suggesting it could aid many other migrants pushed back from Greece to Turkey.
“Hopefully this will bring an end to the de-facto legal impunity of Frontex,” Cohen told The Associated Press.
Hamoudi expressed that the ruling is not just a personal victory but also “an important step toward justice for the men, women, and children who went through the same experience.”
Details of the Incident
According to Hamoudi’s account, he was among 22 individuals, including children, who arrived on the Greek island of Samos on April 28, 2020. Shortly after their arrival, police confiscated their phones and forced them onto a life raft, towing them overnight into Turkish waters where they remained adrift for 17 hours before being rescued by the Turkish coast guard. Hamoudi alleges that a Frontex surveillance plane flew over the scene on two occasions.
“I was struggling between death and life,” Hamoudi said in an interview with AP, explaining his motivation to sue Frontex.
After being detained in Turkey for 10 days and having his passport confiscated, Hamoudi feared deportation back to Syria. He later successfully crossed into Greece again and reunited with his family in Germany.
Hamoudi’s lawyers presented video evidence allegedly showing the group on Greek soil before being forced back to sea, and the German weekly Der Spiegel uncovered Frontex’s alleged presence during the incident. An EU anti-fraud agency report also accused Frontex of covering up pushbacks in Greece.
Implications of the Ruling
The ruling by the EU’s Court of Justice has highlighted the challenges asylum-seekers face in gathering evidence against Frontex. Judge Smulders noted that the victims’ circumstances make it difficult to collect evidence, which could grant Frontex immunity and hinder the protection of fundamental rights.
Illegal pushbacks have become commonplace in Europe amidst rising anti-migrant sentiment, threatening the right to seek asylum.
Niamh Keady-Tabbal, a researcher at Maynooth University who has litigated similar cases, remarked that the ruling could challenge Frontex’s structure, which has been seen as allowing them to evade accountability.
Allegations Against Frontex
Keady-Tabbal stated, “Frontex has been instrumental in enabling (the expulsions) by detecting vessels, handing responsibilities to the Greeks, and covering up pushbacks.”
During expulsions, migrants may be deprived of phones, detained, beaten, and expelled with minimal witnesses. Keady-Tabbal described the victims as being subjected to policies that aim to conceal evidence.
There have been longstanding calls for Frontex to withdraw from Greece based on its regulation to suspend operations if violations occur. Despite documented pushbacks and calls for accountability, Frontex maintains its operations in Greece, arguing that oversight and pressure for change depend on their presence.
On Thursday, Frontex promised to enhance transparency and focus on treating individuals affected by its operations with dignity and fairness.
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