“We Have a Lot of Evidence” – Pressure Growing on Frontex Chief from Pushbacks Investigation – DER SPIEGEL reporting on an OLAF Investigation

The English version of the online edition of the German newspaper DER SPIEGEL today issued a comprehensive article on an investigation of the European Union’s anti-corruption agency OLAF, related to decisions and behavior of four senior managers of the EU’s Border agency FRONTEX. It appears that strong evidence -partly revealed in the article including through disturbing pictures- exists about inaction of FRONTEX, even alleged efforts to cover up illegal push-back activities of national border/coast guards of a Member State of the EU, violating international and EU law, forcing migrants and asylum seekers back into a non EU country, depriving them from their right to claim asylum and to subject themselves to due and legal scrutiny whether it can be granted, or not.

The article is a very good read, in terms of quality, and it is a very disturbing article, within a longer row of similar reporting in international media since long. But now, with the Head of OLAF presenting the findings to lawmakers in Brussels, the findings appear to be complete, and action on the findings need to be considered. This, of course, is a thorough technical process, whilst being profoundly political at the same time.

I do believe this matter needs to be taken forward not only with all due diligence, as thorough and unbiased as possible, and as fast as possible. Most importantly, I believe this process requires utmost transparency and dedication to holding individuals and agencies, whether national or international, publicly accountable.

Why? Not only because this should be good practice in democracies and nations adhering to the rule of law anyway. But also because otherwise we may add to a bad taste: The push-backs are alleged to have happened at the EU’s southern/southeastern border to the mediterranian sea. Persons attempting to reach the EU from there come from many countries and conflict zones, whether in Africa or in Asia, including Afghanistan.

At the same time of this reporting, the EU and her Member States undertake a terrific effort, to be praised and applauded in the highest terms possible, to welcome, host, cater for, and assist refugees from the Ukraine. Public opinion across the board is overwhelmingly supporting these refugees from the Ukraine, who have gone through nightmares, in the middle of Europe.

I have, looking into the many comments on social media, also noticed that sometimes there is an expression of fear that we all too easily forget those uncounted individuals who seek help in so many conflict zones a bit farther away, such as in Afghanistan, or in African countries.

I believe we have a chance here to rise to the opportunity and value the fundamental rights of refugees notwithstanding their origin, avoiding adding fuel to a claimed impression, whether true or not, that we care more about some than about others. Putting the alleged FRONTEX actions under public scrutiny, not sparing any effort to demonstrate this in all openness, will in my view be beneficial to make a public stand demonstrating how high we hold the universality of affected fundamental human rights of refugees, and persons who try to relocate or migrate for other reasons than fear from suppression, harm, and death.

Pushing them back, whether it is about cases like this one, or cases of alleged push-backs including brutalisation of migrants attempting to cross land borders into the EU, this is something we shall have zero-tolerance for.

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