BRUSSELS – Human rights lawyers said Tuesday that they have launched legal action against the European Union’s border and coast guard agency at the bloc’s top court, accusing Frontex of violating the rights of people trying to seek asylum and other breaches of international law.
The case was filed at the European Court of Justice by Front-Lex, a legal hub challenging EU migration policies. It concerns a woman from Burundi and a Congolese teenager who tried to apply for international protection on the Greek island of Lesbos last year.
The lawyers said it’s the first time that Frontex has been taken before the Luxembourg-based ECJ in its 17 years of operations, and that they plan to hold the agency to account and “reinstate the rule of law over EU borders."
They claim that the two migrants “were violently rounded up, robbed, abducted, detained, forcibly transferred back to sea, collectively expelled, and ultimately abandoned on rafts with no means of navigation, food or water.”
They said the two “were victims of other ‘push-back’ operations during the attempt to find protection in the EU.” Under EU and international refugee law, people fearing for their lives or fleeing persecution can apply for asylum and must not be pushed back, that is, sent back to where they may face further danger.
Frontex, which has repeatedly denied allegations of pushbacks and other claims of abuses, rejected the move as a masquerade.
“This is not really a legal case. It’s an activist agenda pretending to be a legal case, whose aim is to undermine the EU’s resolve to protect its borders,” Frontex spokesman Chris Borowski said.
In their submission, the lawyers said the 15-year-old boy was among a group of migrants whose phones, bags and money were allegedly confiscated by masked members of the Greek coast guard in the Aegean Sea between Turkey and Greece in May 2020. Migrants were loaded onto a rubber raft in Turkish waters.