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Human rights blow for EU asylum seekers rules

Greece overwhelmed by immigrants

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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Sean Grima

Jan 25th 2011, 09:43

as you should be aware, annulling a law is not the same as enacting them.

the point is that ECHR judges cannot apply other international conventions, because their remit is limited to the application of the European Convention.

Sean Grima

Jan 23rd 2011, 19:56

(sigh) your quote a treaty about economic, social and cultural rights, not HUMAN rights. nowhere is that right mentioned in the european convention of human rights. the ECHR judges are limited to the european convention, they cannot invent law.

Raymond Sammut

Jan 23rd 2011, 20:35

Something that is not "mentioned" does not mean that a court does not take it into consideration. The Article that I quoted is incumbent on courts internationally.

"...the ECHR judges are limited to the european convention, they cannot invent law."(Grima)

It is surely discourteous on your part, Mr Grima, to suggest that ECHR judges are "limited" or that laws are "invented".

On the other hand, I am fully entitled to draw the attention of the ECHR --as of other entities-- to matters that I feel pose a serious economic and cultural concern to my country of birth, and to do so without any "sighing" from you.

Sean Grima

Jan 24th 2011, 09:01

yes, the ECHR (court) is limited to the application of the ECHR (convention). judges do not invent law: the legislative body, in this case of the council of europe, is responsible for enacting laws.

of course you can say what you want: but you are delued if you think that the ECHR judges give a hoot about it!

A. Bialzak

Jan 23rd 2011, 13:23

@ S. Koludrovic
And the execution of 200,000 Muslims in ex Yugoslavia 1992 - 1995

Stephen Koludrovic

Jan 23rd 2011, 11:46

Most things are manufactured in China., or the other Far East countries.
Apart from the fair trade shops with their over inflated, much lower quality products, hardly anything comes from Africa.save for raw materials.

lets face it Maria, under Ian Smith and the white farmers, Zimbabwe was the richest country in Africa. Under Mugabe and black rule it ended up where it is now, a complete cesspit.

Sean Grima

Jan 23rd 2011, 12:06

there are various african countries where black rule has not resulted in the chaos of zimbabwe. under ian smith, the wealth was only accessible to a small, white minority, which is surely unjust.

fair trade shops may have higher prices because they ensure that the third world producers get a fair price for their jobs. as for low quality, that's your opinion.

if it were only the raw materials coming out of africa, it would be enough. It is not only that which africa produces.

Martin Cassar

Jan 23rd 2011, 13:04


@ Stephen Koludrovic.

Prof. Stephen Koludrovic.

Was Jesus blond? Or was born in Paris? What are you taring to get at Prof.?
Do I need to remind you that the credit crunch which is leading the world to the unknown has happened because of the Christian/ white USA leaderships and not because of Somalia or Mugabe!
Such [low-well] debate I strongly condemn without reservation. Actually I fail to grasp your base-less arguments in the whole matter!

Andrew Farrugia

Jan 23rd 2011, 13:26

@ Sean Grima

Care to name some of these countries? South Africa? One of the countries with a constantly soaring crime rate? Ghana? Nigeria? Ivory Coast? Tell us about them!

Robert Callus

Jan 23rd 2011, 14:19

@Stephen Koludrovic
The problem is not wealth but wealth distribution. Most African countries ARE rich. The issue is who is benefiting from it - puppet dictators and Western corporations.

Re Fair Trade - a worse product - you are completely wrong. I buy fair traded products (not only from Africa) regularly. Prices are a little higher because workers actually GET PAID for what they do.

Sean Grima

Jan 23rd 2011, 17:00

ghana is a good example. another is cameroon, and south africa has made enormous progress since apartheid ended.

Stephen Koludrovic

Jan 23rd 2011, 11:04

@ Martin Cassar,
Firstly Tunisia is the most progressive and forward country of the Muslim world,and Tunis is not a village but the capital of that country. The last reports stated that about 20 people died in that uprising, this of course very minor compared with the scores that are killed just about any day by bombings in Pakistan, Egypt, Somalia, and Iraq.

Secondly, Maybe it has escaped me, however I never heard of the millions of Lituanians, Latvians, Estonians,Kazakistanis,Ukranians,Poles,Czechs,Hungarians,that died to topple over their communist rulers when they got their independence from the USSR.

Lastly was it not the Algerians that deported the French settlers from Algeria, the Libyians the Italians,the Egyptians the Greeks and some Maltese, and the Asians by that Muslim Ugandian dictator Idi Amin.

So my argument still stands, our Christian culture is superior because we ended up being more humane and understanding having learned from our past mistakes.

Sean Grima

Jan 23rd 2011, 12:07

koludrovic, it seems that massacres in the ex-yugoslavia have conveniently escaped your arguments.

Sean Grima

Jan 23rd 2011, 12:08

i am sure the judges on the european court of human rights know more about human rights that you do. for example, the right to employment is not considered as a human right.

Joseph Carmel Chetcuti

Jan 22nd 2011, 22:08

Absolute rubbish. You know neither the history of Europe nor that of Christianity.

Martin Cassar

Jan 23rd 2011, 01:00

Agreed. Many people may argue that Hitler was not a Christian. Shall I take it then secularism produce terrorism ? Or what?

Andrew Farrugia

Jan 23rd 2011, 13:22

@ M Cassar

And what is your point exactly? That you hanker after the Islamic caliphate? Come clean, tell commenters what you wish for, apart from your hatred of Americans, the West and the Jews! And go slow on what is happening in Tunisia, as i have the feeling that it is a situation which may lead people to realise that they stepping out of the pot and into the frying pan of Sharia. I may be wrong, but i will wait before passing judgement.

Martin Cassar

Jan 23rd 2011, 17:09

@ Andrew Farrugia.

You are totally wrong sir. I do not hate American people as you are trying to put it. however I totally condemn disastrous USA's foreign politics and illegal wars which is creating conditions for terrorism (supporting Israel’s occupation included).
Equally I have my sincere love to all Jews people but my stomach and logic somehow could never digest Zionists ‘s dark agendas of a Jew-only state’ and the killing of others.
I have nothing at all against Christianity but who can justify conquering lands and murdering civilians when it was done in the name of Jesus during the crusades?
Does Sharia laws or caliphates exist or implemented anywhere in Europe today?
Why should I bother if Iran executes someone? Have you ever heard the Iranian government or any other Muslim country for this matter interfering in any of our courts decisions? Who gave the West the right to interfere in other countries legal system? You may argue that the west is spreading it’s values of humans rights…etc …etc. I will ask you then how many times did Europe condemn an execution that took place in the USA or Japan?

Andrew Farrugia

Jan 24th 2011, 18:10

@ Mr M Cassar Stop trying to be funny! Mentioning conquering lands and the atrocities of the Crusades , as if the Moslems who invaded the Holy Land from the Arabian peninsula, from where they originated, did not massacre millions of Christian pilgrims there PRIOR to the Crusades. Your knowledge and reading of history is extremely biased and blinkered. All acts of violence need to be condemned, let us hear you once (stomach or no stomach) condemn acts of violence against Israelis. Or else you have an easier task: condemning the atrocious act which has just taken place in Moscow! Are you up to it?

Martin Cassar

Jan 25th 2011, 03:25


@ Andrew Farrugia.
Sir.
As you can see I was the only one to sympathy with the Jews during the difficult time and the sad incident of last December!. Do you still think I am against the Jews?.
Having said that I would also like to emphasize that, illegal wars and occupation along with all acts of terrorism (which in my opinion it has now color, race, creed) must be strongly condemn irrelevant of the or the size of the wrongdoers.

http://www.timesofmalta.com/articles/view/20101202/world-news/40-killed-in-huge-israel-forest-fire

Raymond Sammut

Jan 22nd 2011, 23:07

It would have been prudent to say "economically more attractive", instead, Mr Koludrovic.

Sean Grima

Jan 23rd 2011, 12:10

the thousands of expatriates who work in dubai etc? they have not fled europe, but seem to have no problem working there. so muslim states do not automatically mean persecution

Sean Grima

Jan 23rd 2011, 12:12

as usual, prejudiced statements: their wives are busy having a kid a year - is that limited to muslims or non-europeans?! oppression of people is not limited to black leaders: there have been many white tyrants.

lack of education: yes, that is unfortunate - but it should not be used as a tool to beat people with, but as a motivation to help!

Robert Callus

Jan 22nd 2011, 17:51

On what basis are you ASSUMING what the goal of the vast majority is?

"Let them sort their own countries out."

This is what some of them tried to do - hence they had to escape. For example criticizing the government in a local newspaper in Sudan can get you tortured and murdered. A Sudanese friend of mine did just that - he asked that the money collected by him and his friends at school should be used for refurbishing the school building and not end up in some regional politician's pocket. It seemed in his way of "sorting his own country" he had gone too far and had to flee.

From the asylum seekers I've met and worked with, it is clear that what the VAST MAJORITY (if not all) are looking for is justice and Human Rights.

CZarb

Jan 22nd 2011, 18:27

@Mr Callus

Sudan has borders with Egypt and Etyopia both considered as safe countries. By crossing the Red Sea one can reach another safe country which is also much richer then Malta can and will ever be. So if the immigrants are only searching for justice and safety then why do they go to Libya (were they are rumours that they are mistreated there), then risk their life or ricketty boats to reach Malta and even after reaching Malta, they want to first go to Italy and then to the North European countries? Why the majority of immigrants in Malta had chosen Sweden (not Italy, not Saudi Arabia or Qatar) as their preferred destination? Aren't the places I mentioned not safe enough? Think about it

And I can tell you alot of stories from being Cristiano Ronaldo to the Pope's unknown twin. Would you believe me?

Cynthia Bonnici

Jan 22nd 2011, 22:00

Robert Callus when will you stop your disgusting defense of the illegalities committed by illegal immigrants? The first illegality they commit is destroying their papers so that no one will really know who they are, then they enter a country illegally and the list goes on.

Sean Grima

Jan 23rd 2011, 12:17

dear robert, these people simply regurgitate rumours they may have heard, and make generalised assumptions. educated people know that racism is a product of ignorance.

Paul Bonnici

Jan 22nd 2011, 17:24

Muslims do not separate between religion and the state, so they will always live under a dictatorship and the dictator will interpret the Koran which is very vague to understand, in ways to suit him and manipulate the population to his own advantage.

E Phillips

Jan 22nd 2011, 17:36

That is , with a doubt, one of the most arrogant statements I have ever had the misfortune to read.
Superior.....?

Jesmond Micallef

Jan 22nd 2011, 18:23

Our Christian culture is superior to thiers ?? Was it not "Christian Europe" who tried to iradicate the Jewish people from the face of the earth ? Was it not "Christian European Intellect" that gave the world nuclear weaponry afterall ?

Maybe Malta should "re-engineer" its international diplomatic portfolio whoever the Governments may be. "Engineering" has its uses indeed, and quite a wide spectrum comes to mind. Is there "Human Correctness" in "Political Correctness" ?

http://stocks.timesofmalta.com/articles/view/20090128/local/remembering-the-fallen

Peter Korsten

Jan 22nd 2011, 18:57

"This proves that our Christian culture is superior to theirs."

Remind me again who shipped all slaves from Africa to the Americas, and who started the two World Wars.

Jesmond Micallef

Jan 22nd 2011, 16:35

If I may quote specifically here : "Our forefathers fought bloody wars until we gained an understanding of these".

What "understanding" are you referring to here ?

This migrant phenomenom has happened before in europe until some people where given the land on which to live on and trive. These same people are also very well supported and they are much more capable of defending themselves now more then ever before !! The migrants you are referring to here come from either the African continent, the Middle East, India, Pakistan, China, but also from ex communist block. The dictators of Africa are all a byproduct of colonial and imperialistic psychology whilst the extremely rich of the ex communists states are all wealthy due to former state property.

If these people were given this "understanding" they also deserve, they wouldn't be in London or in any other European city, for the matter.

Gaining Human Rights was a very horrific and bloody european experience. Cure the root cause and not the smyptoms !!

Sean Grima

Jan 23rd 2011, 17:01

such comments betray childishness.

Sean Grima

Jan 23rd 2011, 12:14

courts decide the legal dispute in question

Evarist Saliba

Jan 23rd 2011, 12:37

@ Sean Grima,
So international conventions are conveniently quoted when it suits one's argument, but then can be discarded when it dies not.

Sean Grima

Jan 23rd 2011, 17:00

where did i mention internationAl conventions?

Tommy Cassar

Jan 22nd 2011, 15:23

Chris Mifsud I fully agree with you. This is simply an outdated past its use by date convention that is being abused left, right, centre, top, bottom, front and rear by the illegal immigrants and their traffickers and those NGOs who are going to see their income vanish.

Sean Grima

Jan 23rd 2011, 12:15

eliminate human rights, for which so many people fought? tal-biki.

Mario Aquilina

Jan 22nd 2011, 16:23

If you're so fond of Kabul, why don't you join the Taliban there. And while you're at it, take with you any female family members and enjoy.

w.scicluna

Jan 22nd 2011, 18:13

@ mario aquilina. Everyone is entitled to their opinion. Your comment just demonstrates the typical maltese mentality. Grow up. It is 2011 you know.

Sean Grima

Jan 23rd 2011, 12:13

possibly charles sammut, as a main street university professor, was lecturing in Kabul, and has first experience of life there, which enables him to challenge common perception.

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