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For the First Time, a “Pushback” Victim Sues Frontex for Half a Million Euro

Court of Justice of the European Union, March 2022

In another ground-breaking legal action, a first in a potential avalanche of damages lawsuits, front-LEX filed a case against the European Border and Coast Guard Agency for a 17-hour long ‘pushback operation’ in the Aegean Sea. The case was filed on behalf of a Syrian asylum seeker Alaa Hamoudi.   

Alaa Hamoudi filed the damages claim to the EU Court of Justice after he was kidnapped from a Greek island, transferred to an unworthy raft, abandoned at sea for 17 hours, and collectively expelled to Turkey. After Turkey detained and tried to deport him to Syria, he’s now living clandestinely in dire conditions.

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“It was a horrible, hard time,” says A.H. in a video interview. “It’s unforgettable. They threw us onto a boat as if we had committed a crime. I lost all my hope. All my dreams and ambitions disappeared because of the pushback.”

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Alaa is one of 43,000 human beings who were abducted by the *JOINT* Operation of Greece and Frontex. These 43,000 collective expulsions are the direct consequence of a policy with different names (‘new tactics’, ‘preventive measures’, ‘special measures’ of ‘early detection’ and ‘prevention of entry’) and one purpose: to prevent entry of asylum seekers at ALL costs. 

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This incident has been first exposed by a joint investigation of Bellingcat, Lighthouse Reports, Der Spiegel, ARD & Libération. Frontex’s Executive Director Fabrice Leggeri lied about it to the EU Parliament. The OLAF report investigated this incident too, and corroborated the factual and legal arguments of Alaa’s case. front-LEX will hold the Agency and its Director to account.  

UPDATE

30 March 2024 – front-LEX files Appeal in the Case Hamoudi v. Frontex!

*** Responding to front-LEX’s damages lawsuit, Frontex argued that Alaa Hamoudi’s nose in the visual evidence he provided is dissimilar to how his nose appears in his passport. The Agency refused to hand over to the Court the EU’s own Anti-Fraud Agency (OLAF) report which confirms Hamoudi’s allegations in connection with the incident. ***

In its judgement on Dec 13, 2023, the Court of First Instance adopted Frontex’s position, finding the videos, photos and other forensic evidence submitted to substantiate Hamoudi’s presence in this ‘pushback’ (sourced from a joined forensic investigation including Lighthouse Reports and Bellingcat investigative journalists) to be insufficient to prove that he was one of its victims. Somehow unable to determine ‘his or her’ features, the General Court dismissed the Action – applying an unattainable and incorrect standard of proof. 

This judgement forms part of a concerning string of cases in which the CJEU has simply avoided assessing the joint responsibility of Frontex in well-documented ‘pushback’ operations. Given the vast evidence produced in this case, the Court’s judgement leaves open the disturbing question of how asylum seekers can ever prove and seek redress for the fundamental rights violations committed by Frontex at sea.

Now, front-LEX appeals this ruling before the Court of Justice – refugees should have their day in court and enjoy the standard of proof everyone else enjoys. The EU’s “complete system of remedies” should provide legal protection and effective remedy not in theory but in practice!

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