Drahoslav Stefanek, the Special Representative of the Secretary General of the Council of Europe (CoE) for Migration and Refugees, and the European Union Agency for Fundamental Rights (FRA) issued a notice on Friday 27 March on the subject of the principal human rights safeguards that still apply at the EU's external borders, including during the COVID-19 pandemic.
The aim is to assist European Union and Council of Europe Member States in exercising their right to control entry onto their territory. The right derives from the duty of care in the current health context, but does not exclude the duty to safeguard the fundamental rights of individuals, as dictated by EU legislation and a number of CoE instruments that apply to all borders, including those that belong to the Twenty-Seven and the 47 countries of the Council of Europe.
The notice primarily answers the following questions: - What duties do Member States have when protecting their external borders?; - Which remedies should be in place in case of excessive use of force at the borders?; - What are the rules in place when people cross borders unlawfully?; - Can access to asylum be suspended?; - How can the principle of non-refoulement be respected?; - What can be done to help the most vulnerable, in particular unaccompanied children?
Stefanek told EUROPE that “the biggest contribution of the Council of Europe to this very simple and comprehensible ‘handbook’ is the very rich case law of the European Court of Human Rights (ECHR) in this area”.
While highlighting a number of judgments delivered by the Court, he stated that the Court can “bring not only final and binding judgments, but can also issue interim measures of protection”.
Another CoE body that Stefanek mentioned is the Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), which, “on 20 March, published the principles relating to the treatment of persons deprived of their liberty in the context of the COVID-19 pandemic”.
The CoE agency has announced that it is carrying out a rapid research exercise on the impact of responses to the COVID-19 pandemic on fundamental rights. It will publish a report on this subject in early April.
More information can be found at: https://bit.ly/2Ji2rLg (Véronique Leblanc)