Reacting on Wednesday 11 December to announcements made by several Member States following the fall of the Assad regime in Syria, Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, recalled that “under the principle of non-refoulement, no individual should be sent back to a situation where they face a real risk of harm”.
Decisions must not be taken in haste, the Commissioner insists. The situation on the ground is very complex and there are still risks of human rights violations for certain groups and individuals.
Reference is made to the Geneva Convention on Refugees, which requires “fundamental and durable changes in the country of origin” before refugee status can be terminated, as well as to the European Convention on Human Rights and the case law of its Court, which prohibit returning a person to a place where they face a risk to their life or to a threat of inhuman and degrading treatment.
“States must also consider how return might affect family and private life, especially for Syrians who have resided in host countries for extended periods”, continues the Commissioner, who believes that “any decision must be accompanied by effective judicial remedies”.
Syrians whose asylum applications have not yet been processed or have been suspended must benefit from adequate reception conditions, documents attesting to their status as asylum seekers and a “fair, individualised” procedure. (Original version in French by Véronique Leblanc)