Getting into a dilemma in its Syria policy, Turkey opens the border gates and refugees, who aim to reach Europe, have been waiting for days at the borderline with Greece. Refugees, who are exposed to violence and whose right to live are violated by the security forces of both countries are not also targeted by state violence, but also by the racist groups, who gathered at the border as well.

 

Teaching as a professor at the Department of Balkan, Slavic and Oriental Studies of the University of Macedonia in Thessaloniki and also a lawyer, who have been representing refugees at the Greece Office of the High Commissioner for Refugees of the United Nations (UN), Konstantinos Tsitselikis evaluated the current situation at the border, where both international law and human rights law are violated.

 

Taking part in numerous asylum and human rights cases before the European Court of Human Rights (ECHR), Tsitselikis first addressed to the question of far-right groups in Greece, who back up the anti-refugee applications of the Greece army and police.

 

'PEOPLE ARE GETTING THE LAW IN THEIR HANDS SUBSTITUTING THE GOVERNMENT'

 

Stating that volunteer civilians of the far right are helping the Greek army and police and attempting physical assaults, Tsitselikis said, "People are getting the law at their hands “substituting” the government and this is very risky for our society."

 

'STATE AUTHORITY IS EXERTED BEYOND THE LIMITS AS SET BY THE RULE OF LAW'

 

Saying that one of the aspects of the crisis taking place all along the Turkish-Greek border is the serial violation of human rights from both Greece and Turkey, Tsitselikis recorded that on one hand the Turkish government sends thousands of refugees and migrants to the border spreading the false information that they could freely pass and on the other hand the Greek government closed the border and suspended the Treaty of Geneva of 1951 on asylum. 

 

Tsitselikis emphasized that refugees and migrants are seen as objects and state authority is exerted beyond the limits as set by rule of law. Addressing to the responsibility of the state authorities regarding human rights Tsitselikis stated his evaluations on this matter as follows:

"The decision to open the borders unilaterally without any consultation with Greece and the EU is not in conformity with the Common Declaration and the bilateral readmission agreements with EU. Putting people at risk also violates human rights law."

 

'THE CORE RULES OF THE TREATY OF GENEVA CANNOT BE BANNED'

 

Regarding to our question on the international laws and asylum rights and the stand of Greece and Europe regarding the harsh dilemma the thousands of refugees on the border face now, Tsitselikis shared his thoughts as follows: "Refugee law has to be kept in force regardless the 'emergency situation' as it is claimed. According to EU law on refugees, the European Council has the power to suspend the force of the asylum regulation, but the core rules of the Treaty of Geneva cannot be bent. Therefore Greece and EU have to find the means to fulfill their obligations, legal, political and moral."

 

Pointing out also to the fact that the dilemmas should have been resolved in time, Tsitselikis indicated: "But all parties postpone the critical decision: How to stop war making in Middle east, how to tell the truth to their citizens, to implement the law without derogations. Europe seems to be unable to find the way to accommodate people in need coming from dire economic situation or war zones in Middle East, Asia and Africa seeking better conditions or refuge abroad." 

 

'OPEN BORDERS ALONE WOULD NOT BE THE SOLUTION'

 

Regarding the discussions of the possibility of opening borders Tsitselikis responded as follows: "We have experience open borders in 2015 all the way from Greece to Austria, which gradually was closed down. I think, at present, we are not going to see again open borders. It seems that EU is determined to build a hard external border at all costs, even by undermining her own democratic foundations. And this is a very slippery road. I do not mean that open borders would be a solution, whereas state have the legitimate power to control human mobility. On the other hand, they have the obligation to observe the rules they have already set. Safety for human beings and security of the borders. This would be the challenge."

 

'CAMPS WOULD AMOUNT TO VIOLATION OF HUMAN RIGHTS'

 

Indicating that the first result of the crisis at the borders is that the refugee reception system in Greece has been suspended until the end of March, Tsitselikis said this by itself constitutes violation of human rights. Underlying the second problem being that pushbacks are allowed and officially taking place put human lives at risk, Tsitselikis continued as follows: "The closed refugee camps as the government has announced a few months ago would accommodate undocumented migrants who would have been under return or deportation process. However we know that returns are not feasible for the big majority of the cases."

 

Tsitselikis also noted that long-term deprivation of liberty in closed camps would amount to violation of human rights. 

 

'SOLUTION IS AT THE ESTABLISHMENT OF PEACE AND STABILITY IN THE MIDDLE EAST'

 

Remarking that the problems cannot be merely solved neither by opening nor by closing the borders, Tsitselikis underlined that the solution is at the establishment of peace and stability in the Middle East. Tsitselikis concluded our interview with the following statements as a last remark: 

"The utilization of migrants and refugees by the Turkish government as a tool or as leverage for political purposes creates a dystopic political environment for all. As far Turkey is involved in an aggressive war in Syria and occupies territory, we would observe more and more human displacement. On the other side, Greece and the EU should have prepared a consolidated plan for migrants and refugees in conformity with rule of law. In any case, Turkey and the EU need to be in terms to conclude an agreement with viable solutions according to common standards. First condition is to ensure peace and stability in Middle East. Then, to adopt political decisions regarding human mobility, forced and unforced based on the respect of human rights. At least those who claim their political identity as democratic."

 

MA/ Eylül Deniz Yaşar