They are forced to live in appalling conditions; far from being protected, they suffer the full force of the application of measures that flagrantly violate international and European law.
In March 2016, the EU/Turkey deal was approved at a European Council by the European States, including Luxembourg. It was mainly intended to halt the crossing made by refugees, asylum seekers and migrants from Turkey into Greece. If the sole indicator of success is the reduction in the numbers arriving in Europe via Turkey, then the agreement is well and truly a success. However any agreement or measure intended to curb the arrival of asylum seekers, whatever the consequences, already constitutes a violation of the rights to asylum and principle of not turning back asylum-seekers.
What these EU politicians and officials neglect to mention and refuse to acknowledge however, are the devastating consequences of this agreement on the lives and the health and well-being of thousands of refugees.
One year after its implementation, European leaders regularly continue however to hail its "positive outcomes", and its "continued progress". What these EU politicians and officials neglect to mention and refuse to acknowledge however, are the devastating consequences of this agreement on the lives and the health and well-being of thousands of refugees, asylum seekers and migrants trapped on the Greek islands and in the Balkans. Furthermore, in reality, despite the walls of barbed wire, no frontier is entirely hermetic: while the flow of migrants has reduced considerably, it has never stopped; their routes have been fragmented and their journeys are increasingly dangerous.
The United Nations Convention on the status of refugees and the Directive of the European Parliament and of the Council (Article 8, 2013/33 / EU) establishing standards for the accommodation of individuals seeking international protection, stipulate minimum conditions and standards for the accommodation of migrants / refugees.
Vulnerable people are living under appalling and inhuman conditions, including children and unaccompanied minors.
“What we are witnessing on the ground is that the most rudimentary conditions of accommodation, drinking water and sanitation are not being provided. Vulnerable people are living under appalling and inhuman conditions, including children and unaccompanied minors”, explains Dr Rony Zachariah, manager of the LuxOR operational research unit. “It is not a lack of resources, but a lack of political will to respect the very laws that we have approved in Europe”, continues Dr Rony Zachariah.
The appalling, inhuman conditions of accommodation are also accompanied by a significant increase in violence against migrants, particularly on the Serbian/Hungarian border. Having constructed the longest barbed wire fence in Europe, Hungary has legalised expulsions and refused the right to apply for asylum to over 19,000 people in the last six months of 2016 alone.
It is not a lack of resources, but a lack of political will to respect the very laws that we have approved in Europe.
From mid-December 2016, the MSF clinic in Belgrade has observed an increase in the number of deliberate injuries, particularly in people returning from the Hungarian border having unsuccessfully attempted to cross it. In February this year, the situation deteriorated so badly that MSF medical teams had to transfer some patients to hospital, as their injuries were too serious.
From March 2016 to February 2017, MSF treated 106 people suffering from injuries that, according to their accounts had been caused by the Hungarian border patrols.
54 injuries from blows from fists or kicking, 24 dog bites, 15 cases of irritations due to the use of tear gas and pepper spray, and 35 other cases of serious injuries.
Amongst these were 54 injuries from blows from fists or kicking, 24 dog bites, 15 cases of irritations due to the use of tear gas and pepper spray, and 35 other cases of serious injuries. Of the 106 patients, 22 were unaccompanied minors. All the cases had the same symptoms of ill-treatment, such as acts of humiliation, beatings and attacks by dogs.
“One year after the official closure of the Balkans route, migrants are exposed to ever increasing risks, and forced to suffer inhumane treatment. Fundamental human rights are clearly not being respected right at the heart of Europe”, explains Jovana Arsenijević.
Fundamental human rights are clearly not being respected right at the heart of Europe.
The violence reported by MSF is in a context where Hungary has systematically disregarded the rights of refugees and migrants, which has taken place despite growing international criticism. Thus, on 7 March, the Hungarian government adopted a number of changes to the law, which now permit the systematic detention of asylum seekers (including children and vulnerable individuals) while their case is being examined, as well as the expulsion of individuals with an irregular status.
“The changes in law seriously violate the international and European obligations incumbent upon Hungary, particularly because they also affect children”, declares Júlia Iván, Director of Amnesty International Hungary. “They are even more unacceptable because they concern individuals who are often fleeing war, and are amongst the most vulnerable in the world”.
This is why we call upon Luxembourg and the European Union to act against these serious violations of human rights.
“This is why we call upon Luxembourg and the European Union to act against these serious violations of human rights”, adds Stan Brabant, director of Amnesty International Luxembourg. “We also call upon the other Member State not to return asylum seekers to Hungary, under the Dublin regulation, because the conditions of detention in the transit zones there are inhuman and violate European law”.
Testimony
“I tried to cross the border with a group of migrants. There were five policemen on the Hungarian side who threatened us not to try to cross the border. We lit a fire and sat around about 2km on the Serbian side. We thought we were safe. The policemen with five big dogs crossed to the Serbian side and chased us."
They pushed us on the ground (including women) and kicked us with boots on our face and body.
"They pushed us on the ground (including women) and kicked us with boots on our face and body. The dogs attacked and bit us too. The police then sprayed pepper spray in our eyes and threw our things into the fire. Some of the women were thrown in the nearby water. One of the policemen was very big and strong and he kept throwing people around. The one that beat me did not stop until I stopped moving and pretended to be dead.”
* Main picture : more than 1,000 people, who can not be accommodated in the camps, live in ruins or train carcasses. © Miodrag Ćakić