World
Syrian refugees lose landmark case against Frontex in EU General Court
A historic case brought by a family of Syrian refugees against Frontex, the EU’s border guard agency, has been dismissed by the bloc’s General Court in a major blow for human rights defenders.
The Syrian family of two parents and four children was seeking damages after being deported to Turkey from Greece in 2016.
The family had fled the country’s civil war, but after reaching Greece and lodging asylum claims, they were deported to Turkey in what was described as a joint operation conducted by Frontex staff and the Greek authorities.
In a judgment released on Wednesday morning, the Luxembourg-based court said that since the border guard agency does not have the power to assess asylum applications, it cannot be held liable for damages.
“It is the Member States alone that are competent to assess the merits of return decisions and to examine applications for international protection,” the judges said.
The legal team representing the family told Euronews that the ruling is “unsatisfactory.”
“They (the family) are disappointed that Frontex is not held accountable for its role in the illegal pushback they are victims of and the way they were deported,” a human rights lawyer for Dutch firm Prakken d’Oliveira said.
The family’s lawyers believe the ruling raises fundamental questions about Frontex’s mandate and accountability.
“Article 34 of the Frontex Regulation states that it is required to establish ‘an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency’,” they said. “The ruling does not make clear what this means in practice. It remains unclear in what way Frontex is required to carry out its monitoring task.”
“It is now up to political institutions, especially the European Commission, to clarify Frontex’s mandate. It must clarify how Frontex must monitor compliance with human rights,” Prakken d’Oliveira’s lawyers said, confirming they will consider further legal steps.
Experts on human rights law also expressed concern regarding the judgment.
Steve Peers of Royal Holloway University London suggested on X, formerly Twitter, that the decision contradicted the human rights provisions in the Frontex regulation.
“It’s irrelevant that Frontex doesn’t formally decide on returns or asylum applications: the issue is whether it breached its obligations not to assist a human rights breach,” Peers wrote.
In response to the General Court’s decision, Frontex said Wednesday that “the valuable insights gained from this case enable us to continuously improve our return procedures, ensuring that all individuals affected are treated with utmost respect.”
The agency also said it requires member states, in this case Greece, to confirm that the persons they support have been “issued individual enforceable return decisions and that they have been granted the opportunity to seek international protection.”
A closely watched case
The case, which human rights activists hoped would set a precedent, was filed in 2021, five years after the Syrian family was deported by plane to Turkey from the Greek island of Kos, despite having requested international protection.
The family, originally from the Kurdish town of Kobani in Syria, claimed €136,000 in compensation for the material costs incurred and the emotional toll of the alleged human rights abuses suffered at the hands of Frontex.
During the flight to Turkey, the family’s children – then aged between one and seven – were reportedly separated from their parents. The family’s legal team argued their treatment violated the rights of the child as enshrined in EU law.
After their arrival in the Turkish city of Adana, the family was imprisoned and when released, had no access to basic services, such as housing, water and sanitation. They have since settled in Iraq.
The case was the first time Frontex faced possible legal action for alleged refugee “pushbacks,” an accusation that has been repeatedly levelled against the agency.
Frontex is currently being investigated by the European Ombudsman for its role in the deadly shipwreck of the Adriana in July, where up to 750 migrants are expected to have lost their lives.
The agency’s Fundamental Rights Officer has since hinted Frontex could suspend all activities in Greece amid a fight over the Greek Coast Guard’s role in the incident. There are currently 518 standing corps officers and Frontex staff working in Greece’s mainland and islands, according to the agency, which also deploys 11 boats and 30 patrol cars.
The General Court’s decision comes in the midst of a rise in asylum claims in the EU that has put migration at the very top of the political agenda. New figures released this week showed that 519,000 applications were lodged in the first half of 2023 – a 30% rise compared to the same period in 2022.
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World
Israel says cease-fire begins after 3-hour delay over list of hostage names
Israel confirmed late Sunday morning a long-awaited cease-fire has gone into effect after a three-hour delay caused by Hamas not releasing the names of the three hostages it plans to release.
The agreement was set to go into effect Sunday at 8:30 a.m. local time, but was delayed until 11:15 a.m. local time. Jerusalem is seven hours ahead of Eastern time.
Israeli Prime Minister Benjamin Netanyahu held a security situation assessment over the delay in receiving the list of hostages who are expected to be released Sunday morning as part of a cease-fire agreement with Hamas, which eventually provided the names.
Hamas said a couple of hours after the agreement was scheduled to go into effect that it would be releasing hostages Romi Gonen, 24, Emily Demari, 27, and Doron Steinbrecher, 31, on Sunday. Israel confirmed it has received the names. The hostages are expected to be released later Sunday.
Earlier, Netanyahu told the Israeli Defense Forces that the cease-fire would not begin until Israel had the list of hostages expected to be freed. Since Hamas had not given the names of the hostages by the time the cease-fire was set to start, the IDF continued to operate, as it was still striking inside Gaza. At least eight Gazans have been killed in IDF strikes since the cease-fire was set to begin, according to a Hamas-run agency.
“As of this morning, Hamas has not fulfilled its obligation, and contrary to the agreement, has not provided the State of Israel with the names of the returning female hostages up to this time. The ceasefire will not come into effect as long as Hamas does not fulfill its obligations,” IDF spokesman Daniel Hagari said earlier on Sunday.
WHAT TO EXPECT AS ISRAEL-HAMAS CEASE-FIRE GOES INTO EFFECT ON SUNDAY
Hamas had said the delay in providing the names was due to “technical field reasons” and added that it is committed to the cease-fire deal announced last week.
The terror group released a statement after the cease-fire began, pledging to the people of Gaza “to be the trustees of their rights and defenders of them, until the complete liberation of the land and the holy sites.”
“The whole world today must stand in reverence for the legendary steadfastness of our people in Gaza, and in appreciation of their patience and sacrifices over the course of 471 days,” Hamas said.
“With the entry into force of the ceasefire, we affirm our commitment to implementing the terms of the agreement, which is the fruit of the steadfastness and patience of our great people, and the legendary steadfastness of our valiant resistance in the face of the zionist machine of terrorism and killing,” the statement continued.
Israel’s Cabinet approved the deal early Saturday morning for a cease-fire in Gaza that would include the release of dozens of hostages and pause the war with Hamas that began after the terror group’s Oct. 7, 2023, attack on the Jewish State.
The deal would allow 33 hostages to be set free over the next six weeks, in exchange for hundreds of Palestinians imprisoned by Israel. The remaining hostages are set to be released in a second phase that will be negotiated during the first.
“Our heroic prisoners have an appointment with freedom starting today, and this is our firm pledge with them always, until they break the shackles of the jailer and breathe freedom in the skies of Palestine,” Hamas said in its statement.
Hamas agreed to release three female hostages on the first day of the deal, four on the seventh day and the remaining 26 over the next five weeks.
Hamas has said it will not release the remaining hostages without a lasting cease-fire and a full Israeli withdrawal.
This is the second cease-fire achieved during the war.
Gaza is expected to receive a surge in humanitarian aid when the cease-fire begins.
“We are monitoring the operations of bringing in aid and providing relief to our people with everything necessary, and we confirm that all efforts will be made to provide all the necessary support and assistance requirements to restore the cycle of life in the Gaza Strip to normal,” Hamas said in its statement.
ISRAEL DEFENSE FORCES WILL RECEIVE HOSTAGES SUNDAY WITH EQUIPPED CAMPER TRAILERS AND COMFORTING SUPPLIES
The 15-month-long war in Gaza started when Hamas launched a surprise attack against Israel on Oct. 7, 2023, in which roughly 1,200 people wer killed and about 250 others were abducted, prompting military retaliation from Israeli forces. Nearly 100 hostages remain captive in Gaza.
More than 46,000 Palestinians have been killed by Israel’s offensive, according to the Hamas-run government’s local health officials, who do not distinguish between civilians and terrorists.
World
Photos: Palestinians in Gaza celebrate the ceasefire
Celebrations have erupted across Gaza after a ceasefire in the war-ravaged territory came into effect on Sunday morning.
The ceasefire was announced more than two hours later than scheduled due to a dispute between Israel and Hamas over naming the captives to be freed under the deal.
Earlier on Sunday, Hamas named three captives it plans to release later in the day.
Israel’s cabinet approved the ceasefire on Saturday in a rare session during the Jewish Sabbath, more than two days after mediators Qatar, Egypt and the United States announced the deal.
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