A Syrian refugee family has failed in a lawsuit against the EU border protection agency Frontex at the General Court of the European Union. The authority is accused of violations of the law and abuses. The EU Court apparently saw it differently.
The damage that may have been suffered cannot be directly attributed to Frontex’s conduct, judges in Luxembourg ruled on Wednesday. Frontex is also not responsible for examining return decisions or asylum applications. The government cannot therefore be held liable for damage.
The family’s lawyer, Lisa-Marie Komp, described the verdict as “unsatisfactory”. The judges have made it clear that the responsibility for respecting human rights lies solely with the EU countries. At the same time, the judgment raises questions: it remains unclear how Frontex should monitor compliance with human rights.
The family of six came to Greece in 2016. According to the EU Court, she had expressed her interest in seeking asylum. A few days later she was flown to Turkey in a so-called joint return operation from Greece and Frontex.
Compensation of 100,000 euros rejected
The family, now living in Iraq, complains that Frontex acted illegally. Her asylum application should have been examined before she was removed from the EU. In addition, Frontex has violated the prohibition of degrading treatment and ignored the right to effective judicial protection and the rights of children. That is why the family demanded more than 100,000 euros in compensation.
The judges disagreed. The agency’s only task is to provide technical and operational support to EU states during return campaigns. The judgment can only be appealed to the European Court of Justice (CJEU).
Frontex said after the ruling that the valuable lessons learned from the case have enabled it to “continuously improve our return procedures and ensure that all persons involved are treated with the utmost respect”. Efforts are made to uphold fundamental rights in all activities.
Frontex has repeatedly expressed criticism
Non-governmental organizations have repeatedly accused Frontex of not adequately protecting the rights of refugees. Last year, the previous Frontex boss, Frenchman Fabrice Leggeri, resigned after serious allegations against him and his staff.
The background was in particular investigations into illegal rejections of migrants in the Mediterranean region. According to the activists, managers of the Warsaw-based Frontex agency deliberately covered up the fact that Greek border guards had returned refugees to the open Mediterranean in so-called pushbacks.
Source: Krone
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