GNCHR Communication to the Commitee of Ministers of the Council of Europe concerning the execution of the judgment in A.R.E. v Greece
The Greek National Commission for Human Rights (GNCHR), as Greece's National Human Rights Institution (NHRI), systematically monitors the execution of judgments of the European Court of Human Rights (ECtHR) and, in line with its institutional mandate, actively contributes and intervenes, where necessary, to promote their effective implementation.
In this context, the GNCHR has submitted a Rule 9.2 Communication to the Committee of Ministers of the Council of Europe concerning the execution of the judgment in A.R.E. v. Greece (App. No. 15783/21). In this case, the European Court found violations of the European Convention on Human Rights (ECHR), holding that the applicant had been subjected to an informal forced return (pushback), arbitrary detention, denial of access to the asylum procedure, and the absence of an effective remedy for the protection of her rights. The Court further found that the Greek authorities had failed to adequately examine her allegations and had not conducted an effective investigation into them.
The case has been classified by the Council of Europe as a leading case and is being examined under the enhanced supervision procedure of the Committee of Ministers, reflecting its significance for addressing broader structural issues relating to the protection of fundamental rights at the borders.
In its submission, the GNCHR welcomes the measures contained in the Action Plans submitted by the Greek Government, in particular the prompt payment of the compensation awarded to the applicant, the dissemination of the judgment to the competent authorities, training activities for judicial officers and law enforcement personnel, as well as initiatives aimed at strengthening awareness and accountability in the field of fundamental rights.
At the same time, the GNCHR expresses concern regarding the refusal of the competent prosecutorial authorities to reopen the applicant's case despite the Court's findings, the continuing shortcomings in the effective investigation of allegations of informal forced returns, the serious evidentiary obstacles faced by alleged victims, as well as issues concerning the effectiveness of existing accountability and monitoring mechanisms.
The GNCHR's submission also draws upon the findings of the GNCHR Recording Mechanism of Informal Forced Returns, which recently published its 2025 Annual Report, soon to be available in English here. These findings indicate that the phenomenon of informal forced returns continues to persist, while evolving and adapting to new operational realities.
The full text of the GNCHR's communication is available here.
The GNCHR remains at the disposal of the Greek State, in its capacity as the independent advisory body on human rights issues, and stands ready to contribute its expertise and experience to any effort aimed at ensuring full and effective compliance with the Court's findings and strengthening the protection of fundamental rights in Greece.