The commissioner for human rights of the council of europe, muiznieks, considers the proposed agreement to be a step in the right direction "highly questionable from a legal point of view". He is not the only one
The "pan-european approach" merkel’s is perceived by french government politicians as a solo effort. Merkel had the idea of the"one-to-one"-exchange with the turkish prime minister davutoglu about "six hours" negotiated alone. Other heads of state were not present, with the exception of dutch prime minister and current eu council president mark rutte. This is noted with some sensitivity in paris.
"Deep wounds in brussels"
French president hollande was called to the stand on the morning of the 7. Marz surprised with the exchange idea. Earlier, he and other eu leaders had worked on another concept developed with merkel, according to a report in le monde "pan-european bluffing". Hollande was probably also sick in his self-understanding, as can be seen from the article. The coup of angela merkel "deep wounds" left behind, the newspaper quotes "numerous sources from brussels".
This is accompanied by a commentary that sees european values betrayed with the turkey deal.
Meanwhile, objections are piling up against the envisaged exchange program – illegal migrants being sent back to turkey and taken in, refugees from turkey being sent to turkey by the eu for "legal way" which raise legal objections – and which are.
"Collective and arbitrary element of the deportations"
Last week, the un commissioner for refugees, filippo grandi, luxembourg’s migration minister, jean asselborn, and the un high commissioner for human rights, said raad al-hussein, who described the deportation of refugees to turkey as a "disaster", made a start "illegally" designated.
Said’s objections were directed against the "collective and arbitrary element" of the deportations underlying the exchange plan. This is not compatible with the people’s right.
Eu migration commissioner dimitris avramopoulos, on the other hand, sees the provisions of the geneva convention being upheld – if the eu’s refugee agreement with turkey is tied to certain conditions:
Turkey must ensure that refugees are not at risk of persecution, that the principle of non-refoulement applies, and that refugees are granted status under the geneva convention.
Details still to be negotiated here, it hailed last week. On wednesday afternoon, the commissioner for human rights of the council of europe, nils raymond muiznieks, spoke out in a tagesschau report, and also assessed the intended agreement with turkey as "highly questionable from a legal point of view".
"Such a practice is simply illegal"
Muiznieks also has in mind the collective element, the sweeping and automated nature of the arrangement. For the illegal migrants who were returned to turkey, the acceptance meant a blanket rejection.
Such a practice is simply illegal, regardless of the country with which such an arrangement is made.
The need for protection of the refugees was not sufficiently examined in each individual case. It violates the fundamental right to seek and find asylum, as enshrined in the un universal declaration of human rights. The guarantees of the un refugee convention were also violated, "which recognize that asylum seekers may violate immigration laws in certain circumstances".
The european convention on human rights, whose protocol has been ratified by all eu countries except greece and great britain, also expressly forbids the collective expulsion of foreigners.
Beyond that, muiznieks argues, the jurisprudence of the european court of human rights (echr) has argued against sending refugees back on the high seas in several rulings. Collective expulsion was also condemned by the echr.
It is necessary to take into account the personal circumstances of each person concerned, according to the ecthr rulings. Even if, as in the case of "of somali and eritrean migrants who arrived from libya, were intercepted at sea by italian authorities and sent back to libya in total", in order to influence the course of action of a member state outside its territory gehe.
Case-by-case examinations necessary
"The right to asylum cannot be claimed on the high seas", is what the pro-asylum leader gunter burkhardt opposes to the envisaged agreement between turkey and the eu. Burckhardt also argues that individual case reviews are legally binding.
If nato ships were to transport refugees they picked up in greek waters back to turkey on a blanket basis, this would not be a given, according to the pro-asylum leader. In addition, he draws attention to problems in turkey. The country is not a safe third country, which also requires a detailed examination of individual cases and stands in the way of a blanket treatment.
German minister of state michael roth stressed that the plan with turkey must be in accordance with european law, the european convention on human rights and international law. How the verification of individual cases will be regulated will be one of the major challenges of merkel’s solution.