EU rules on dealing with asylum seekers may have to be rethought after being dealt a serious blow by the European Court of Human Rights, which has judged them as inhumane.

The ruling, however, is likely to be welcomed by Malta which has long been lobbying Brussels to the amend the so-call Dublin II regulations, under which asylum seekers found in one country are forcibly returned to the member state in which they would have first gained entry to the EU. Malta’s stand was on the basis of showing solidarity with southern EU countries that have tended to be the first port of call for African migrants.

In its landmark ruling, the Court, which does not form part of the EU, said the policy was inhumane and the system should be revised.

The case it dealt with concerned an Afghan national who fled Kabul in 2008, entered the EU through Greece and then travelled to Belgium where he applied for asylum.

In June 2009, Belgium sent him back to Greece where he was detained in degrading and overcrowded conditions before going on to live on the streets without any material support.

The Strasbourg-based court said the man had been exposed to inhuman and degrading treatment in Greece and that his right to an effective remedy had been violated.

The judgment essentially states that, apart from the Dublin rules, member states should also take into consideration the different circumstances of member states.

Two years ago, the European Commission suggested an overhaul of the Dublin rules, with Malta pushing for the introduction of a mechanism whereby, in case of a state experiencing sudden influxes of immigrants and asylum seekers, the Dublin rules could be suspended for that particular country. In such a case, asylum seekers found in other EU member states would not be sent back to the country of first entry.

Despite the lobbying from Malta, Italy, Cyprus, Greece and Spain, several member states objected to the proposed amendments and they are now stuck at Council level.

The ECHR decision could now push the objecting member states to change their stance as they will have to abide by the judgment.

Some EU member states, notably Germany, Belgium, Sweden and the Netherlands, yesterday declared they would not be sending any more asylum seekers back to Greece, at least for the next year, in order to give the EU some time to decide on the way forward.

They are also looking for an assurance from Greece that the conditions in which asylum seekers are kept will be upgraded.

On its part, Greece says it has been overwhelmed by the number of asylum seekers entering its border from Turkey. It recently received some EU assistance to help it cope with the situation.

Human rights organisations have slammed the Greek authorities over the inhumane treatment of asylum seekers.

According to the European Council on Refugees and Exiles, a network of 67 refugee-assisting organisations based in Brussels, the judgment is a major setback for the Dublin system as the assumption that all EU member states respect fundamental rights – and that it is therefore safe to automatically transfer asylum seekers between them – no longer stands.

“Europe must now seriously rethink the Dublin system and replace it with a regime that ensures the rights of asylum seekers are respected,” the network said.

Last year, member states asked Greece to examine the applications of almost 7,000 asylum seekers who had entered the EU through that country. Their situation will now need to be re-examined in light of the ruling. The same applies to asylum seekers transferred back to other member states.

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