In light of the Covid-19 crisis, the Commissioner for Human Rights, Dunja Mijatović, published two statements relating to the situation of refugees, asylum seekers and migrants, dealing with the issues of immigration detention and search and rescue at sea, respectively.

On 26 March 2020, she called on all Council of Europe member states to review the situation of rejected asylum seekers and irregular migrants in immigration detention, and to release them to the maximum extent. She highlighted the fact that immigration detention for the purpose of return can only be lawful for as long as it is feasible that return can indeed take place. She noted that the Covid-19 situation was preventing such returns in many cases. She also noted that immigration detention facilities generally provide poor opportunities for social distancing and other measures to protect migrants and staff against Covid-19. Referring to releases that were taking place in several countries, the Commissioner called on other member states to follow suit, prioritising the most vulnerable, including children. She also emphasised the importance of ensuring that those released are given appropriate access to accommodation and basic services, including health care.

On 16 April 2020, the Commissioner issued a statement calling for the continuation of search and rescue activities and prompt and safe disembarkation of rescued migrants in the Mediterranean, despite the challenges posed by Covid-19. She noted that recent measures and practices in Italy and Malta had led to the closure of ports to NGO vessels carrying rescued migrants, and to the discontinuation of activities to co-ordinate rescue operations and disembarkation of those in distress. She called on all Council of Europe member states, including flag states, to provide effective support and assistance in finding quick solutions and to ensure that coastal states were not left to tackle this alone. The Commissioner highlighted that the Covid-19 crisis could not justify abandoning people to drown, leaving rescued migrants at sea, or seeing them effectively returned to Libya.

On 17 March 2020, the Commissioner published her letter to the European Commission, in which she presents her observations on crucial human rights issues pertaining to the protection of refugees, asylum seekers and migrants in EU member states and countries in the EU’s neighbourhood, that could inform the preparation of the New Pact on Migration and Asylum. Highlighting the need for any action on asylum and migration to be firmly underpinned by human rights, effective solidarity and responsibility sharing, the letter covers seven particular areas of concern: reception emergencies; saving lives at sea; solidarity; migration co-operation with third countries; protecting rights at borders; immigration detention; and the need to defend civil society.

On 3 March 2020, the Commissioner called for urgent action to address the human rights situation of refugees, asylum seekers and migrants trapped at the border between Turkey and Greece, and to prevent the situation from getting even worse. She called for de-escalation of violence, including by ensuring law enforcement authorities refrained from using excessive force. She also called for measures to assess the protection needs of those trapped and ensure access to asylum. The Commissioner expressed particular concern about the complete closure of border posts by Greece, and by Turkey’s actions that encouraged people to move to the border, leaving them stuck. The Commissioner also expressed alarm as reports of non-rescue and pushbacks in the Aegean Sea, and of vigilantism against migrants, NGOs and journalists on the Aegean islands, calling on the authorities to protect them and to ensure assistance could be provided. In addition to immediate measures, the Commissioner urged more structural action. In particular, she called for more assistance, including resettlement to refugees in Turkey, as well as the relocation of substantial numbers of asylum seekers to decongest the Aegean islands.

On 21 February 2020, the Commissioner published her letter to the Minister of Foreign Affairs of Italy, urging the government to introduce human rights safeguards in the Memorandum of Understanding between Italy and Libya. She also called on the government to acknowledge the realities prevailing on the ground in Libya and to suspend co-operation activities with the Libyan Coast Guard resulting in the return of persons intercepted at sea to Libya. The letter followed an earlier public statement calling for such suspension.