Push-Backs in the Aegean and the ECtHR’s failure to hold states accountable for systemic human rights violations

The Human Rights Podcast

On this episode of the Human Rights Podcast, LLM student Alessandra Cao speaks with Dr Niamh Keady-Tabbal about the topic of “Drift-backs” in the Aegean, the role of Frontex, and the European Court of Human Rights’ (ECtHR) failure to hold Greece accountable for serious human rights violations committed in the Aegean during systematic push-back operations. The conversation first introduces the topic of push-backs at the external borders of the EU, the relatively new phenomenon of “drift-backs” in the Aegean Sea and their relation to European “migration management” strategies as well as human rights concerns arising from these practices. The speakers then dive into the recent European Court of Human Rights decision in the case of GRJ v Greece – a push-back case decided in January 2025, in which Niamh was closely involved – to discuss the evidentiary difficulties arising for applicants in push-back cases, and evaluate the way in which the ECtHR – despite explicitly acknowledging them – has failed to adequately accommodate these difficulties. During the conversation, we referenced a number of cases and academic works. You can read more about the various topics in the links below: #1 Journal Article “Weaponising Rescue: Law and the Materiality of Migration Management in the Aegean” by Niamh Keady-Tabbal and Itamar Mann (Leiden Journal of International Law, 2023): access https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/weaponizing-rescue-law-and-the-materiality-of-migration-management-in-the-aegean/068B225CF16390CCBA5FFD10FC3CEF8C?utm_campaign=shareaholic&utm_medium=copy_link&utm_source=bookmark #2 Blog Post “Tents at Sea: How Greek Officials Use Rescue Equipment for Illegal Deportations” (Just Security, 2020): access https://www.justsecurity.org/70309/tents-at-sea-how-greek-officials-use-rescue-equipment-for-illegal-deportations/ #3 Forensic Architecture study about the practice of “drift-backs”: access https://forensic-architecture.org/investigation/drift-backs-in-the-aegean-sea #4 Journal Article “The Enforced Disappearance of Migrants” by Valentina Azariva, Amanda Danson Brown, and Itamar Mann (Boston University International Law Journal, 2022): access https://www.bu.edu/ilj/files/2022/08/Vol.-40.1-Azarova-et-al.-online-unprinted.pdf #5 European Court of Human Rights Judgment in GRJ v Greece: access the original judgment in French , and the official summary in English https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-243431%22]} https://hudoc.echr.coe.int/fre-press?i=003-8124872-11378023 #6 European Court of Human Rights Judgment in ARE v Greece: access the original judgment in French , and the official summary in English https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-238636%22]} https://hudoc.echr.coe.int/fre-press#{%22itemid%22:[%22003-8124877-11378031%22]} The podcast was produced by Alessandra Cao, Gráinne McGrath and Kirsten Larson. Intro Music: 'Smarties Intro - FMA Podcast Suggestions' by Birds for Scale (Attribution - ShareAlike 4.0 international License). Outro Music 'Smarties Outro - FMA Podcast Suggestions' by Birds for Scale (Attribution - ShareAlike 4.0 international License).