The warning is addressed to Austria, Denmark, Germany, Greece, and the Netherlands. These countries are collaborating on plans for joint return centres in non-EU countries for rejected asylum seekers and other migrants. The Council of Europe stresses that such ‘return hubs’ are only acceptable when fully in accordance with international human rights law.
The Council of Europe is not part of the EU but an umbrella organisation of dozens of European countries that monitors the democratic functioning of governments in those countries.
Risks
Human Rights Commissioner Michael O'Flaherty points out that transferring people to return centres outside the European Union can involve significant risks. According to him, they may be exposed to mistreatment, arbitrary detention, or other serious violations of their rights. Therefore, governments must carefully assess the potential consequences of their plans in advance.
Promotion
Prior Assessment
The commissioner formulates four key conditions. Governments must first conduct a comprehensive assessment of all human rights risks and take measures to mitigate those risks. Furthermore, such reception centres must be continuously and independently monitored. The agreements with third countries must also be legally solid, and EU countries may not simply shift their responsibility onto other countries. Lastly, parliaments, judges, and the public must be able to oversee the implementation.
Children
The Council of Europe calls for special attention to vulnerable groups. Children and others requiring extra protection must, according to the commissioner, not be exposed to procedures that could jeopardize their rights or safety. Transparency regarding risk analyses, controls, and agreements with third countries is indispensable in this regard.
Return Hubs
The debate on return centres is closely linked to the recent reform of European asylum policy. Last month, the European Parliament approved stricter rules intended to accelerate the return of rejected asylum seekers and to give EU countries the possibility to establish return centres outside the European Union.
However, there was a clear political division within Parliament over this tightening. Supporters view the new rules as necessary to improve the effectiveness of return procedures, while opponents fear that protection for asylum seekers will be weakened as a result.
Italy
Meanwhile, the European Commission’s first evaluation shows that the implementation of the new asylum pact is uneven. According to the Commission, EU countries have made progress in assuming their new responsibilities, but significant challenges remain. For example, Italy blocked multiple requests to take back registered asylum seekers, whereas Greece has taken steps to implement the new procedures both organizationally and technically, according to the Commission.
Safeguards
The Council of Europe’s warning makes clear that implementing the new European return policy is not only a practical and political task but also a legal one. The organisation emphasizes that cooperation with non-EU countries is possible but only when the protection of fundamental human rights is demonstrably and permanently guaranteed.