In a rare judgment, the Court of Justice of the European Union (ECJ), the EU’s highest court, has backed the appeal of Syrian refugee Alaa Hamoudi in a landmark case against the European Border and Coast Guard Agency (Frontex), allowing other victims to pursue similar claims. The ECJ sent the case back to the General Court, noting it had not properly examined Hamoudi’s alleged expulsion with 21 other migrants from Greece to Turkey in 2020.
Judge Ben Smulders stated that the evidence provided by Hamoudi was “sufficiently detailed, specific, and consistent.” Hamoudi’s lawyers hailed the ruling as “historic,“ with Iftach Cohen, who leads the legal team, asserting that Hamoudi’s bravery could benefit tens of thousands of migrants who have been pushed back from Greece to Turkey.
In his statement, Hamoudi called the ruling a personal victory and an important step toward justice for others who have shared his experience. While Frontex was not accused of directly conducting expulsions, experts highlight the agency’s critical role. In response, Frontex acknowledged the need for scrutiny regarding its involvement and affirmed that fundamental rights must be taken seriously.
Hamoudi’s case
Hamoudi testified that he was one of 22 people, including children, who landed on Samos, Greece, on 28 April 2020. Shortly after arriving, police confiscated their phones and forced them onto a life raft, towing them into Turkish waters where they were adrift for 17 hours until rescued by the Turkish coast guard. Hamoudi stated that a Frontex surveillance plane flew overhead during this ordeal, saying, “I was struggling between death and life,” which prompted him to sue Frontex.
After being detained in Turkey for 10 days and having his passport confiscated, he feared being sent back to Syria, which he had fled at 12 due to civil war. Eventually, he crossed into Greece and reunited with his family in Germany. His lawyers submitted video evidence showing him on Greek soil before being pushed back into the Aegean Sea. A report from the EU Anti-Fraud Office found that Frontex covered up these pushbacks. “They treated us in a way that was inhuman,” Hamoudi stated.
A new precedent
The ECJ has acknowledged the power imbalance between migrants and Frontex, setting a precedent for the evidence asylum seekers, like Hamoudi, must provide in court. Judge Smulders noted that victims often find it nearly impossible to gather such evidence, which could grant Frontex immunity and undermine their fundamental rights.
Pushbacks, or summary expulsions, have become normalised in Europe amid rising anti-migrant sentiment, threatening the right to asylum. Hamoudi stated, “We have reached a historic result, but many others are still being stripped of their rights at Europe’s borders.“
Niamh Keady-Tabbal, a researcher at Maynooth University, remarked that this ruling could “challenge Frontex’s structure to evade accountability.”
Allegations about Frontex’s involvement in expulsions
“Frontex has significantly contributed to expulsions by detecting vessels, transferring responsibilities to the Greeks, and facilitating the concealment of pushbacks,“ stated Keady-Tabbal. During these expulsions, migrants often have their phones taken, experience arbitrary detention and abuse, and are expelled at night with few witnesses. “These individuals are victims of a policy aimed at hiding evidence,“ he added.
Legal experts and human rights advocates have called for Frontex to withdraw from Greece due to violations observed under its own regulations. Despite numerous documented pushbacks and demands for accountability, Frontex intends to continue its operations.
“We believe oversight and pressure for change can only happen if we are present,” the agency stated ahead of Thursday’s ruling. However, many experts argue that Frontex avoids addressing violations to evade liability. The agency pledged to improve operations and increase transparency, affirming its commitment to treating affected individuals with dignity and fairness.
This article used information from The Associated Press.