ECtHR, 16 January 2024, Alkhatib and Others v. Greece, Appl. No. 3566/16

Border Violence and Border (In)Justice: The Greek Coast Guard Before the Court of Strasbourg

Abstract

The ECtHR dealt with the death of a Syrian applicant which occurred during a maritime interception operation conducted by the Greek coast guard. It found a violation of Article 2 ECHR under both its substantive and procedural aspects: on the one hand, given the lack of an adequate legislative framework governing the use of potentially lethal force in maritime surveillance operations and the way in which, concretely, the operation itself was carried out; on the other, because of the multiple flaws in the investigations into the applicant’s death conducted by the national inquiring authorities. The judgment confirms a widespread phenomenon, which is worryingly unfolding at Europe’s doors: recurring episodes of use of violence and force at borders (“border violence”), which are then followed by the unwillingness to shed light on the facts, establish responsibility and punish, thereby preventing the pursue of justice (“border injustice”).