On 19 November 2024, the Legal Centre Lesvos, together with the European Association of Lawyers for Democracy and World Human Rights (ELDH), has submitted a third-party intervention to the European Court of Human Rights in the case of Muhammad v. Greece (No. 34331/22). This case, brought by HIAS Greece and Equal Rights Beyond Borders, concerns the killing of Muhammed Gulzar, who was fatally shot while attempting to cross the border from Turkey to Greece in March 2020.
Our submission highlights (1) the systematisation of the use of lethal force and deadly practices in “pushback” operations since 2020, (2) the consistent denial of justice for survivors and victims’ families due to inaccessible and ineffective legal remedies, and (3) the deliberate suppression of evidence by the Greek authorities as part of the modus operanti of these violent border practices. This includes systematic prevention of evidence collection through the destruction of migrants’ personal belongings and concealing the identities of state agents involved in violent pushbacks.
We argue that these practices create a power asymmetry, often leaving victims without the means to substantiate their claims. Consequently, we call on the European Court of Human Rights to shift the burden of proof to the Greek State in such cases, recognizing that crucial evidence remains under state control. This shift is essential to ensuring accountability and upholding justice in the face of systematic failures by national authorities to investigate and address border violence effectively.
This intervention forms part of our wider efforts to challenge impunity and advocate for the rights of migrants facing violence and discrimination at Europe’s borders. Read the full submission below.
2024-11-19_34331_22-TPI-LCL-ELDH-FINAL